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Property Update: Landlord and tenant – tenancies at will

Overview

Subject to two important exceptions, tenancies for a fixed term of six months or less do not attract the security of tenure protection of the Landlord and Tenant Act 1954. In Katana v Catalyst Communities Housing Ltd, a housing association granted a lease for three months to Mr Roberts.

The lease contained a clause which, after acknowledging that the three-month tenancy would terminate at the end of the term, went on to provide that if the tenant were to hold over at the end of the term then the tenancy would be terminable by the giving of not less than one week's notice by either party.

This briefing investigates this and other issues, including:

- What is the correct date for carrying out a price valuation under an option?

- How an easement can be lost if the person with the benefit stands by and does nothing when there is an interference with the easement;

- Landlord and tenant: the Court of Appeal confirms that a personal break right is lost on assignment; and

- Planning for Highways.

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