STEP 2: If it is a lease, what type is it? - Periodic tenancies
3 important questions on STEP 2: If it is a lease, what type is it? - Periodic tenancies
Is the duration of the lease mentioned from the outset? What gives rise to a periodic lease?
The maximum duration of the lease is not mentioned from the outset. Periodic leases run in periods that are automatically renewed.
Explain the two ways a periodic tenancy can be created?
Can be expressly created by a written agreement with terms such as 'weekly lease', or impliedly by payment of rent on a periodic basis.
Explain how how a periodic lease can be terminated?
The general rule is that one full period's notice is required to terminate the tenancy. It will not be a periodic lease unless both parties can end the tenancy with a notice (Prudential Assurance Co Ltd v London Residuary Board).
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