Tenancy at Will Template for the United Kingdom
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What is a Tenancy at Will?
A tenancy at will is a flexible arrangement that allows a person to occupy property with the landlord's consent, on terms where either party can end the occupation at any time. It is commonly used as a short-term or stop-gap measure, for example while a longer lease is being negotiated or when a tenant remains in occupation after a lease has expired. Unlike a fixed-term lease, a tenancy at will has no set duration and confers no security of tenure. It is important to document the arrangement carefully so that it is not inadvertently treated as a periodic tenancy or a lease that attracts statutory protection.
Frequently Asked Questions
What is a tenancy at will?
A tenancy at will is an arrangement allowing someone to occupy property with the landlord's consent on terms that either party can end at any time. It has no fixed duration and generally does not give the occupier security of tenure.
How does a tenancy at will differ from a periodic tenancy?
A periodic tenancy runs from period to period, such as month to month, and usually requires notice to end, while a tenancy at will can be terminated by either party at any moment. Accepting regular rent at fixed intervals can risk a tenancy at will being treated as a periodic tenancy, so documentation and conduct matter.
Does a tenancy at will give business tenants security of tenure?
No, a genuine tenancy at will falls outside the security of tenure provisions of the Landlord and Tenant Act 1954 in England and Wales. However, if the arrangement in substance operates like a lease, a court may look beyond the label, so it should be drafted and operated carefully.
When should a tenancy at will be used?
It is often used as a short-term or interim measure, for example while a longer lease is being negotiated or where an occupier needs early access to premises. It is generally not suitable for long-term occupation, where a formal lease is usually more appropriate.
Does this apply in Scotland and Northern Ireland?
Property and tenancy law differs significantly in Scotland and Northern Ireland, and the concept of a tenancy at will as understood in England and Wales does not map directly across those jurisdictions. You should seek local legal advice for property situated in Scotland or Northern Ireland.
About the Tenancy at Will
A Tenancy at Will usually covers the following.
- Parties: Identify the landlord and the occupier in full, including registered company numbers and addresses where the parties are businesses.
- The Property: Describe the premises or part of the premises to be occupied with sufficient precision to avoid ambiguity.
- Nature of the Arrangement: State expressly that the occupation is a tenancy at will and that it does not create a periodic or fixed-term tenancy.
- Termination at Will: Confirm that either party may bring the tenancy to an end at any time, ideally on giving notice, and address what happens on termination.
- Payments: Set out any occupation payment and how it is calculated, taking care that regular rent payments are not mistaken for a periodic tenancy.
- Use of the Property: Specify the permitted use and any restrictions, along with obligations regarding condition, repair and insurance.
- Exclusion of Security of Tenure: Make clear that the occupier is not intended to acquire security of tenure and that the arrangement is not a business lease protected by statute.
- Governing Law: State that the agreement is governed by the law of England and Wales, or the relevant jurisdiction, and set out how disputes will be handled.
GOVERNING LAW
Applicable law
This Tenancy at Will is drafted to comply with United Kingdom law. Key legislation includes:
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