Find a Solicitor to help with

Tenancy At Will

Hassle-free help from the UK's best commercial property solicitors.
In the last year, we helped 3,617 people across the UK solve their legal issues
The service offered by Lawhive is outstanding
The service offered by Lawhive is outstanding. The process to find the most suitable solicitor is straightforward and efficient. The pricing is transparent and clear and the solicitors that have been provided to me have been outstanding. I would strongly recommend this company to anyone looking for a solicitor.
Jane,
09 July, 24
Courteous, fast and competent service
I would definitely recommend Lawhive also for the way the service is structured with a quick initial call and then their online private chat, which saves unnecessary costs, time and provides the kind of flexibility to follow the case when it’s more convenient to you.
Fabrizio,
12 July, 24
Great service and job well done
Great service, excellent communication, very accommodating with timing and date requests. All done efficiently. Highly recommended.
Basira,
23 July, 24
Very happy indeed
A great service and in my experience, knowledgeable, helpful and experienced solicitors who's help I found to be invaluable. Thank you Lawhive, great job.
Paul,
26 July, 24
Had a great experience with Lawhive
Had a great experience with Lawhive, not only did I get a great price compared to everywhere else I looked, but my assigned solicitor was amazing and super helpful every step of the way. I even got my wanted outcome with my custody case in the end.
Danny,
27 July, 24
Exceptional Support
I recently used Lawhive to assist with my British citizenship application, and the experience was fantastic. My lawyer was incredibly helpful and kind throughout the entire process.
Angels,
29 July, 24
We had a very good experience with…
We had a very good experience with lawhive our solicitor was kind attentive and quick. She gave us all the relevant information and advice and sorted out our matter in a clear and straightforward manner. We are very grateful and pleased that we chose your services and would highly recommend.
Jo,
02 August, 24
The service offered by Lawhive is outstanding
The service offered by Lawhive is outstanding. The process to find the most suitable solicitor is straightforward and efficient. The pricing is transparent and clear and the solicitors that have been provided to me have been outstanding. I would strongly recommend this company to anyone looking for a solicitor.
Jane,
09 July, 24
Courteous, fast and competent service
I would definitely recommend Lawhive also for the way the service is structured with a quick initial call and then their online private chat, which saves unnecessary costs, time and provides the kind of flexibility to follow the case when it’s more convenient to you.
Fabrizio,
12 July, 24
Great service and job well done
Great service, excellent communication, very accommodating with timing and date requests. All done efficiently. Highly recommended.
Basira,
23 July, 24
Very happy indeed
A great service and in my experience, knowledgeable, helpful and experienced solicitors who's help I found to be invaluable. Thank you Lawhive, great job.
Paul,
26 July, 24
Had a great experience with Lawhive
Had a great experience with Lawhive, not only did I get a great price compared to everywhere else I looked, but my assigned solicitor was amazing and super helpful every step of the way. I even got my wanted outcome with my custody case in the end.
Danny,
27 July, 24
Exceptional Support
I recently used Lawhive to assist with my British citizenship application, and the experience was fantastic. My lawyer was incredibly helpful and kind throughout the entire process.
Angels,
29 July, 24
We had a very good experience with…
We had a very good experience with lawhive our solicitor was kind attentive and quick. She gave us all the relevant information and advice and sorted out our matter in a clear and straightforward manner. We are very grateful and pleased that we chose your services and would highly recommend.
Jo,
02 August, 24
Rated 4.8 / 5. Showing our 4 & 5 star reviews.

About

A tenancy at will is a flexible arrangement where a tenant occupies a property with the landlord's consent, and either party can end the agreement by giving immediate notice at any time. It provides both the tenant and the landlord with the freedom to end the arrangement quickly when needed. A tenancy at will can be informal or in writing ans is typically suitable for temporary or short-term use.Next steps

SRA Regulated

All work done by our SRA regulated affiliate law firm or a partner firm.

Transparent fixed-fees

No hidden fees. On average 40% cheaper than high street firms.

Expert legal help

We assign the best fully regulated UK based solicitors to your case.

Get your free case evaluation now

Tell us about your case and we'll assess your legal matter for free.

Tenancy at Will

A tenancy at will is a flexible arrangement where a tenant occupies a property with the landlord's consent, and either party can end the agreement by giving immediate notice at any time.

tenancy-at-will

It provides both the tenant and the landlord with the freedom to end the arrangement quickly when needed. A tenancy at will can be informal or in writing and is typically suitable for temporary or short-term use.

When is a tenancy at will typically used? 

A tenancy at will is sometimes used when a landlord wants to allow a tenant to use a commercial property during negotiations for a formal lease or because the landlord has short-term plans for the premises.

In some situations, tenancies at will are handy when a quick occupation is needed and there's not enough time for formal lease negotiations. Essentially, they allow tenants to occupy a commercial space quickly, and provide income for the landlord.

What is the difference between a tenancy at will and a licence?

A tenancy at will is by far the most flexible arrangement between a landlord and tenant. It allows either party to end the agreement at any time for any reason and provides immediate access to the property while lease negotiations are ongoing.

A license is permission to use the premises for a specific purpose, either on a fixed-term or ongoing basis. However, it doesn't grant exclusive possession. Therefore, careful drafting is essential to avoid the risk of the courts treating a license as a lease, which could lead to claims for security of tenure, giving commercial tenants the right to remain on the premises and request renewal following contract inquiry.

What are the benefits of a tenancy at will?

Flexibility for both landlord and tenant is undoubtedly the biggest benefit of a tenancy at will.

This kind of arrangement is particularly attractive for small commercial tenants as it gives them flexibility without the financial commitment that comes with a long-term commercial lease.

For landlords, a tenancy at will enables them to retain tenant interest and generate rental income while having a straightforward way to end the agreement when needed.

These types of tenancies can also be prepared and negotiated quickly, and they are usually exempt from Stamp Duty Land Tax.

What are the risks of a tenancy at will?

For landlords, if a tenancy at will is not documented properly during lease negotiations, it could turn into a long-term arrangement, giving tenants more rights. In these cases, landlords lose the flexibility benefit of the tenancy and, in some cases, might struggle to regain possession.

While tenants benefit from the flexibility afforded by a tenancy at will, it also offers them no security. They can be asked to leave without much notice, affecting the stability of their business.

It is advisable, if a tenancy arrangement is predicted to last more than a few months, that a lease should be used instead.

What protections does a tenancy at will offer? 

A tenancy at will provides some legal protections to both parties. For example, the landlord is still required to provide a safe environment as part of their legal obligations and give proper notice to the tenant before entering the property or space. 

Tenants also have legal responsibilities under a tenancy at will, such as paying rent, following agreed-upon rules, and taking care of the property. Usually, the tenant is also liable for damages beyond normal wear and tear and must follow certain rules when leaving the property. 

Using Lawhive

Transparent fixed-fees

Know exactly what you will pay. On average 1/3 of the cost of a high street firm

Hassle-free

Receive a custom quote in as little as 5 minutes. No hassle, no obligation.

Conveniently online

Follow your case from the comfort of your home with our online platform.

Brilliant support

Our world-class support will be with you every step of the way.
Traditional Law Firms

Pay by the hour

Hourly charges mean costs are hard to predict and you could be charged more than you expect.

Frustrating

It can be take days or weeks to hear updates from your solicitor.

Outdated and offline

Offline and slow procedures will require you to visit firms in-person.

No support

No dedicated support team. You'll have to deal with issues on your own.

Tenancies at will vs periodic tenancies

A periodic tenancy is a tenancy that is granted for a specific time frame (i.e. weekly or monthly). This continues until either party ends it, but there are longer notice periods required compared to a tenancy at will.

Ending a periodic tenancy is more complex and time-consuming compared to a tenancy at will. While a tenancy at will can be terminated at any time, a periodic tenancy or lease requires a minimum notice period and other, additional steps, such as serving a notice to quit.

These types of tenancies can be formed intentionally through an agreement or unintentionally when a tenancy agreement establishes a landlord-tenant relationship with regular rent payments, risking the creation of a periodic tenancy.

Can you charge rent under a tenancy at will?

Yes, rent can be charged under a tenancy at will. However, there is no minimal rental period.

Can a tenancy at will become a protected tenancy?

An implied tenancy at will might turn into a more lasting arrangement, providing the tenant with statutory protection under the Landlord and Tenant Act 1954.

This can happen when negotiations for a new lease stall and the landlord doesn't take steps to protect their position. In some situations a tenancy at will may become a protected tenancy, giving the tenant statutory protection.

What should be included in a tenancy at will?

A written tenancy at will should ensure clear terms for using the property, outlining tenant and landlord responsibilities, and addressing insurance liability and conditions, alongside other considerations such as energy performance assessments. 

Both the landlord and tenant should sign this agreement to demonstrate formal acceptance by both parties. 

If in doubt about what should be included in a tenancy at will, it's important to seek help from an experienced commercial property lawyer.

How should a tenancy at will be terminated? 

In a tenancy at will, either party can terminate the agreement at any time. Alternatively, a tenancy at will automatically come to an end if a longer fixed-term tenancy is agreed upon. 

If the landlord wants to end the tenancy, they simply need to request the tenant to vacate the property. For a tenant to terminate the agreement, they should physically leave the property. Just giving notice is not enough, they have to give up possession. 

Tenancies at will: practical advice

Tenancies at will can act as a temporary solution, helping both landlords and tenants benefit during lease negotiations. That being said, despite their flexibility, tenancies at will can bring about financial uncertainty and tenants don't have as many rights as other commercial lease agreements. 

Therefore, to prevent issues, landlords should be sure to proactively confirm the arrangement in writing as a tenancy at will to reduce the risks linked to implied verbal agreements.

How much does a tenancy at will cost? 

Creating a tenancy at will is usually less expensive than a lease. Since it's shorter and involves less due diligence, legal costs are generally lower. Both parties can negotiate who pays for the preparation and completion of the tenancy, with each party often covering their costs.

Is a tenancy at will right for me? 

Choosing between a lease, license, and tenancy at will involve careful consideration of the implications of each. While a tenancy at will can be quick and simple and comes with the bonus of not attracting Stamp Duty Land Tax, typically there’s no security of tenure to tenants and, in theory, the rug could be pulled from either party with very little notice. 

Therefore, it’s really important to understand all of your options when making the right choice about a commercial lease. A commercial property solicitor can assist with this. And, if you do choose to plump for a tenancy at will as a short-term solution during lease negotiations, they can advise you of the best way to go about it. 

Get help from Lawhive 

When considering a tenancy at will, seeking legal advice in the first instance is important. 

At Lawhive, our commercial property solicitors are on hand to help with drafting a tenancy agreement and reviewing the terms of a proposed agreement to make sure you’re protected as far as possible. Alternatively, they can support you in drafting a solid commercial lease should you decide a tenancy at will is not appropriate.

For more help and information regarding tenancies at will, contact our legal assessment team today for a free case assessment and fixed-fee quote. 

No Hidden Fees
Get a quote now

We pride ourselves on helping consumers and small businesses get greater access to their legal rights.

Lawhive is your gateway to affordable, fast legal help in the UK. Lawhive uses licensed solicitors you can connect with online for up to 50% of the cost of a high-street law firm.

Lawhive Ltd is not a law firm and does not provide any legal advice. Our network includes our affiliate company, Lawhive Legal Ltd. Lawhive Legal Ltd is authorised and regulated by the Solicitors Regulation Authority with ID number 8003766 and is a company registered in England & Wales, Company No. 14651095.

For information on how to make a complaint about an experience you have had with our SRA regulated affiliate company Lawhive Legal Ltd click here.

Lawhive Legal Ltd is a separate company from Lawhive Ltd. Please read our Terms for more information.

© 2024 Lawhive
86-90 Paul Street, London EC2A 4NE

Version: 8c31c2f