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Barclays Wealth Trustees v Erimus Housing [2014]


  • A fixed term commercial lease, which had contracted out of landlord and tenant protective legislation, expired
  • The lessee remained in possession of the premises whilst negotiations took place to create a new (more permanent) fixed term lease
  • After 16 months, negotiations had not been concluded
  • The lessee claimed that an implied periodic tenancy had been created, providing landlord and tenant legislative protection


  • Had an annual periodic tenancy been implied?


  • No


  • The trial judge overstated the inactivity of the negotiating parties, there was still an intent to create a new lease
  • The parties did not intent to create a periodic tenancy, especially as such a tenancy would provide landlord and tenant legislative protection for the lessee, which was contracted out of in the previous lease
  • The lessee had merely a tenancy at will
  • For the distinction between a periodic tenancy, a fixed term lease and a tenancy at will, please see land law notes on leases
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