Regularising Informal Occupation [2023]

How to document short-term, low-value lettings quickly and cheaply has always been a problem, and it comes into sharper focus when tenants and rent are hard to come by, as has been the case over recent years. The temptation is to allow an occupier into occupation and collect the rent, whether or not there is satisfactory documentation in place. Equally, where a tenancy comes to an end but the tenant wishes to stay on, or perhaps where a potential assignee goes into occupation before consent is given, the landlord may be prepared simply to accept the situation. This is understandable in the short-term, but may lead to problems later on, as regards identifying what sums may be recoverable from the occupier, and ultimately the ability to recover possession.

This session will consider the available options in the light of guidance from recent caselaw on the characteristics of licences to occupy and tenancies at will. We will also consider strategies to untangle the knot when problems have arisen.

Below are a number of matters that will be covered:

• What is meant by ‘exclusive possession’ – the implications of cases on property guardians
• Implied tenancies at will – must the parties be in negotiation for a new lease?
• Lessons from the Valley View Health Centre case
• ‘Jumping the gun’ on assignment
• Strategies to regularise occupation