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Tenancy at will
Periodic tenancy inferred
Where a person is in occupation pursuant to negotiations for a lease he is a tenant at will (Javad v Aquil [1991] 1 WLR 1007). However, circumstances can develop whereby a periodic tenancy is inferred. That is what occurred in this case. Factors that led to this conclusion included the length of time that the tenant was in occupation paying rent, the fact that the terms were agreed subject to contract or lease, the end of the negotiations without either party pressing for a formal lease and a lack of concern on the landlords part that the tenant was acquiring statutory protection.
Walji v Mount Cook Land Ltd [2002] 1 P&CR 13, CA.
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