Periodic Tenancies
Recognised alongside fixed term tenancies at English law.
Nature of periodic tenancies:
Yearly tenancies - a tenancy from year to year - suited agriculture -
essentially a fixed term of one year, but if it is not terminated it will
roll forward to the next year and so on
Monthly and weekly tenancies were also common
Express Creation
Formality
Short term tenancy exemption LPA 1925 s54(2) - most tenancies fall
into this - specifies that you do not require any formality to create a
tenancy if the term is three years or less, it's at the best rent
reasonably obtainable and it takes effect in possession - this will
constitute a legal tenancy. No writing is necessary, a simple oral
arrangement will suffice, creation of tenancy "by parole"
Creation through the payment and acceptance of rent
Will happen if you're given a tenancy for 6 months, but at the end
you stay in the property and continue to pay rent. It is not the
payment of rent which ensures the tenancy, it is the landlord's
acceptance of rent.
Period
Ladies Hosiery & Underwear v Parker (1930) - how the rent is
calculated determines the period of tenancy - for example if rent is
paid weekly but it's calculated by the month, there is a monthly
period of tenancy.
Notice to quit
Termination by notice
Barrett v Morgan - crucial feature of periodic tenancy is that either
party can terminate it by notice
Must give a full period's notice - for example if it is a monthly
tenancy there must be a full month's notice.
One full period expiring on "anniversary" - must give a month's rent
expiring on the same day as the tenancy expires.
Special rules
Yearly tenants can give half years notice, but it must expire on the
anniversary still.
Dwelling - period of notice is at least 4 weeks - not related to period
of tenancy - Protection From Eviction Act 1977 s4
Certainty of periodic tenancies
Never certain - always rolling forward. Instead of calling a periodic
tenancy certain you say it is capable of being rendered certain.
Agreeing to not serve notice - Clay v BRB (Midland Railways
Companies Agreement) (1971) - this concerned a tiny piece of land
at Luton station which was used for storing coal, it was held on a
periodic tenancy terminable by quarter's notice, but the landlord
agreed not to serve notice until the property was required for the
purpose of the railway business, this agreement was originally
granted by Midland National Railways, with changes to the railways
Recognised alongside fixed term tenancies at English law.
Nature of periodic tenancies:
Yearly tenancies - a tenancy from year to year - suited agriculture -
essentially a fixed term of one year, but if it is not terminated it will
roll forward to the next year and so on
Monthly and weekly tenancies were also common
Express Creation
Formality
Short term tenancy exemption LPA 1925 s54(2) - most tenancies fall
into this - specifies that you do not require any formality to create a
tenancy if the term is three years or less, it's at the best rent
reasonably obtainable and it takes effect in possession - this will
constitute a legal tenancy. No writing is necessary, a simple oral
arrangement will suffice, creation of tenancy "by parole"
Creation through the payment and acceptance of rent
Will happen if you're given a tenancy for 6 months, but at the end
you stay in the property and continue to pay rent. It is not the
payment of rent which ensures the tenancy, it is the landlord's
acceptance of rent.
Period
Ladies Hosiery & Underwear v Parker (1930) - how the rent is
calculated determines the period of tenancy - for example if rent is
paid weekly but it's calculated by the month, there is a monthly
period of tenancy.
Notice to quit
Termination by notice
Barrett v Morgan - crucial feature of periodic tenancy is that either
party can terminate it by notice
Must give a full period's notice - for example if it is a monthly
tenancy there must be a full month's notice.
One full period expiring on "anniversary" - must give a month's rent
expiring on the same day as the tenancy expires.
Special rules
Yearly tenants can give half years notice, but it must expire on the
anniversary still.
Dwelling - period of notice is at least 4 weeks - not related to period
of tenancy - Protection From Eviction Act 1977 s4
Certainty of periodic tenancies
Never certain - always rolling forward. Instead of calling a periodic
tenancy certain you say it is capable of being rendered certain.
Agreeing to not serve notice - Clay v BRB (Midland Railways
Companies Agreement) (1971) - this concerned a tiny piece of land
at Luton station which was used for storing coal, it was held on a
periodic tenancy terminable by quarter's notice, but the landlord
agreed not to serve notice until the property was required for the
purpose of the railway business, this agreement was originally
granted by Midland National Railways, with changes to the railways
