Tenancy at Will Letter to Tenant on Expiry of Excluded Lease

This Tenancy at Will Letter to Tenant on Expiry of Excluded Lease can be sent shortly before or immediately after the expiry of a business lease that is excluded from the security of tenure provisions of the Landlord and Tenant Act 1954.

When a business lease is outside the 1954 Act, the tenant has no right to remain in the property once the lease has expired. (In contract, tenants whose leases are within the 1954 Act are able to remain in occupation until the landlord terminates the lease by way of a Section 25 Notice.)

It may be that the landlord and tenant have agreed to enter into a new lease but the new lease has not been completed by the expiry date of the old lease. In such a case, the landlord needs to take action to clarify the nature of the tenant’s occupation during the period in between the expiry of the old lease and commencement of the new lease.

This letter grants the tenant permission to remain in occupation of the property as a tenancy at will. It states that this is intended to be a temporary arrangement only, pending completion of a new lease.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the template.

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