Solicitors for Tenancy At Will for Commercial Property

A Tenancy at Will is a useful option when an immediate occupation agreement is required, and there is insufficient time to negotiate and finalise a full lease. This type of arrangement allows a tenant to secure business premises quickly while giving both parties time to discuss and agree on a longer-term contract.

Our solicitors can assist in drafting and reviewing your Tenancy at Will, ensuring that it meets legal requirements while safeguarding your interests. If you need a temporary but secure tenancy solution, our team is here to help.

A Tenancy at Will must be carefully structured to ensure it does not inadvertently grant the tenant security of tenure, which could make it difficult for the landlord to regain possession. A properly drafted agreement should include:

• No Fixed Term – The agreement must remain open-ended, allowing either party to terminate at any time.
• No Statutory Security of Tenure – The tenant does not have the right to remain in the property once the agreement ends.
• Non-Transferability – The tenancy is personal to the original landlord and tenant and cannot be assigned to a third party.
• Clear Terms on Use and Responsibilities – The agreement should specify the permitted use of the property and clarify responsibilities for repairs and maintenance.

Adhering to these principles ensures that the agreement remains legally valid and does not inadvertently create a more permanent lease arrangement. Our solicitors will ensure your Tenancy at Will is properly structured, providing you with certainty and peace of mind.

While a Tenancy at Will can arise through implication—such as when a lease , and the landlord allows the tenant to remain—it is always preferable to have a formal written agreement in place.

A properly drafted document provides clear terms, minimises the risk of disputes, and ensures that both parties fully understand their rights and obligations. Our Tenancy at Will solicitors can quickly prepare a legally sound agreement, ensuring you have the clarity and security you need.

A Tenancy at Will offers several benefits for both landlords and tenants, including:

• Speed and Simplicity – The agreement can be drafted quickly, often in a single-page document, keeping costs low and negotiations minimal.
• Flexibility – Either party can terminate the tenancy at any time, providing a high level of adaptability.
• No Security of Tenure – The tenant has no legal right to remain once the agreement ends, making it easier for the landlord to regain possession.
• Tax Benefits – Tenancies at Will are usually exempt from Stamp Duty Land Tax, reducing financial costs for the tenant.

If you are considering a Tenancy at Will, our expert solicitors can guide you through the process and ensure your agreement is tailored to your specific needs.

A Tenancy at Will can be ended at any time by either the landlord or the tenant. While formal notice is not legally required, it is generally advisable for one party to notify the other in writing to avoid any uncertainty.

Termination can also be implied through actions such as:

• The landlord demanding the return of the keys.
• The tenant vacating the property and returning the keys.
• The landlord and tenant entering into a new lease agreement, which automatically ends the Tenancy at Will.

If a landlord terminates the tenancy, the tenant must be given reasonable time to remove their belongings from the property. Our solicitors can advise on the best approach to termination to ensure compliance with legal requirements.

It is vital that a Tenancy at Will is drafted correctly. This reduces the risk of it being classified as a periodic tenancy. In such circumstances, the tenant could benefit from statutory rights to remain in the property after the tenancy has been terminated. This could result in the landlord having to take the tenant to court or paying statutory compensation for the tenant to vacate the property.

Landlords and tenants should seek expert legal advice to ensure that they are entering into the agreement as intended. Our knowledgeable team are here to safeguard your interests at every step.