Facts
- Both parties were in the process of negotiating a 10 year lease over land
- During negotiations, the potential lessee was let into possession of the land, for which he paid quarterly
- Negotiations broke down and the potential lessor sought to evict
- The potential lessee refused to leave on the basis that his possession had created an implied quarterly periodic tenancy, which gave rise to protection under landlord and tenant legislation
Issue
- Had a periodic tenancy been implied
Decision
Reasoning
- The potential lessee was merely a tenant at will
- The parties had not intended for there to be anything more than this whilst formal negotiations were taking place
- Although the payment of rent is a good indicator of an implied periodic tenancy, allowing possession during negotiations is a classic case giving rise to a tenancy at will
- For a discussion of the different types of leases/tenancies, please see land law notes on leases