Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd
[2014] EWCA Civ 303 · Court of Appeal · 2014
The question
Where a tenant holds over after a contracted-out lease expires while terms are negotiated, is that a periodic tenancy or a tenancy at will?
What was held
A tenancy at will, on these facts. Where both parties expect to sign a new lease and negotiations are live, the court will not readily infer an implied periodic tenancy from continued occupation and payment of rent.
For a landlord
Holding over during negotiations does not usually create protection — but do not let it drift, and record that occupation is at will.
For a tenant
Occupation while you negotiate is precarious and can be ended at any time. Get the new lease signed or secure a documented interim arrangement.
The provisions this turns on
Read alongside this
- Sainsbury's Supermarkets Ltd v Medley Assets LtdUnreported, County Court at Central London, 21 March 2024 (H00MK414)
- Royal Borough of Kensington & Chelsea v Mellcraft Ltd[2024] EWHC 539 (Ch)
- Lee-Verhulst (Investments) Ltd v Harwood Trust[1973] QB 204
- Sight & Sound Education Ltd v Books Etc Ltd[1999] 3 EGLR 45
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Case summary for general guidance only, not legal advice. Judgments turn on their own facts and later decisions may qualify them — check the primary transcript before relying on any point in correspondence or proceedings.