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.

Most leases of business premises enable the tenant to acquire security of tenure, see Useful links for more information. 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.

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The documents available on this site have been prepared for use in England & Wales. They may not be valid if used in other areas.