Tenancy at Will
A tenancy at will is one method of granting occupation
of business premises without the tenant acquiring security of tenure. It is
suitable only for a very temporary arrangement. It should not be construed
as a replacement for granting a lease. The template supplied
envisages that the tenant will pay the outgoings on the property, pay a
monthly rent and look after the interior of the property.
| Tenancy at Will |
£20 |
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Most leases of business premises enable the tenant to
acquire
security of tenure. One of the requirements
for the lease to acquire security of tenure is that it should be for a
fixed or periodic term. Thus one way in which this can be avoided is to create
a Tenancy At Will. This is a form of tenancy which does not have any fixed
length and neither is there any requirement for notice to be given by
either party in order to bring it to an end. It is exactly what it says –
it can be brought to an end by the will of the parties at any time and
without notice.
In establishing whether a tenancy does
carry security
of tenure, it is necessary to consider whether the actual arrangement between the
parties is for a tenancy at will or not. A tenancy at will cannot be a
tenancy at will if the parties have agreed something to the contrary (or
demonstrated this by their actions) whatever the document may say.
A Landlord should therefore take great care. The only way a
landlord can grant a lease and be certain that the tenant will not have
security of tenure is to grant a lease that is excluded from security of
tenure - by following the relevant procedure.
The
documents downloaded from this web site will be in the form of a Zip file. Once downloaded it will unzip to a Word
document. You will need a zip utility to unzip the document - Windows XP
contains a built in utility. Alternatively shareware versions suitable for
unzipping a file can be obtained from the Internet - for example, click the Winzip
button at the side of this page.
The
documents available on this site have been prepared for use in England &
Wales. They may not be valid if used in other areas.
