Terminating the occupation of premises without a written lease or any defined term
If a tenant uses premises without a written lease or any defined term, on what grounds can the tenant bring the lease to an end?
The length of the tenancy in these circumstances will usually be determined by the frequency of the rent payments. If the verbal agreement is for rent of x amount a year payable monthly, a yearly periodic tenancy will be created. If the rent agreed is x amount per month, a monthly periodic tenancy will have been created.
If a yearly periodic tenancy has been created, six months notice must be given, terminating on the last day of the period. The beginning and the end of a period will depend on the date the tenant went into occupation and the date of rent payments.
If a monthly periodic tenancy has been created the length of notice must correspond to the period of the tenancy and must expire on the last day of that period. Therefore, if rent is paid on the first day of each month, at least one months’ notice, expiring on the last day of the previous month must be given.
There is no prescribed form of notice to quit. It should be unambiguous, and be served on the landlord in writing preferably with evidence of a signature of receipt.
An oral periodic tenancy can attract the protection of the Landlord and Tenant Act 1954. Depending on the length of term of occupation the tenancy may have protection. If in doubt, seek legal advice in case the statutory notices pursuant to the Landlord and Tenant Act 1954 should be served.
Posted on 05/10/2018 by Ortolan
