2020-02-17
Legal Articles

Terminating a commercial oral tenancy

Home / Knowledge base / Terminating a commercial oral tenancy

Posted by Mary Rouse on 14 August 2012

Mary Rouse Partner

A number of difficulties can arise where the tenancy of commercial premises has not been recorded properly in writing.

Usually these types of tenancies will form into periodic period tenancies and the length of the period will be determined by the frequency of the rent payments. If the agreement is for rent of ‘X’ amount a year payable monthly then a yearly periodic tenancy would have been created. However, if the rent is agreed at ‘X’ amount per month then a monthly periodic tenancy will have been created.

In order to give notice on a yearly periodic tenancy, six months’ notice must be given terminating on the last day of the period. The beginning and end of the period will depend on the date on which the tenant went into occupation and the date of the rent payments.

In monthly periodic tenancies the length notice will 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 then at least one months’ notice must be given expiring on the last day of the month.

There is no prescribed form of notice to quit. However, it is important that the notice be unambiguous and be served correctly on the landlord. It is also vital that you factor enough time into your plans to allow effective notice to be given.

It is worth noting that an oral periodic tenancy can also attract protection under the security of tenure provisions of the Landlord and Tenant Act 1954. Whether or not the tenancy has protection depends upon the length of time of occupation of the tenancy. You should seek expert advice on this point before serving notice because if the tenancy has attracted protection under the Act then it will be necessary to follow the statutory procedure set out within the Act in order to bring the tenancy to an end. A notice to simply end the periodic tenancy may not be sufficient.

About the author

Mary Rouse

Partner

Mary is an experienced property litigation lawyer.

Mary Rouse

Mary is an experienced property litigation lawyer.

Recent articles

29 May 2020 Return to the workplace risk assessments

Following recent Government announcements, the time has come to consider a phased return to places of work. Obviously, given the unprecedented nature of Covid-19, such a process will be riddled with confusion for both employers and employees – how will the return to work operate?

Read article
28 May 2020 Guide to restrictive covenants

Employment and consultancy contracts often contain clauses restricting an individual’s working activity when they leave a business. These clauses, ‘post termination restrictive covenants’, typically restrict the ex-staff member’s ability to work in competing businesses, to deal with clients, to try to win business from them, or to poach other staff members.

Read article
28 May 2020 Could COVID 19 bring the end of high rise and cramped living?

On 14 June it will be three years since the Grenfell tower tragedy, global warming is adversely affecting the environment causing floods and other natural disasters, and the country is on lockdown because of coronavirus.

Read article
Contact
How can we help?
01926 732512
CALL BACK