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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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Our company moved in to a property 20 months ago and because

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Our company moved in to a property 20 months ago and because of confusion there isn't a signed lease in place. We are not now comfortable signing the lease and would like to leave the property. We have been paying rent on a quarterly basis. Can we walk away?

Was there any statement of interim terms of occupation (eg. notice) agreed to cover the period now where you had occupation but before you actually signed the lease?

Customer: replied 3 years ago.



No there was no statement of interim terms.

We paid a rental deposit to secure the property in a separate agreement.

We also had a side letter stating a variety of our preferences which the managing agent when they thought we'd signed the lease started dismissing because there were loopholes


There was a presumption that everything was signed although the lease has never been properly engrossed as a result of confusion amongst the landlords solicitors and their power to act had over-run by a day.


I hope this helps


Thanks for your patience.

If there is no signed lease then the lease has not come in to existence, a valid lease must be in writing.

If you have not agreed any terms covering the interim occupation then I should think that you are probably occupying under a periodic tenancy, which is a tenancy that simply runs from one rent period to another but subject to you paying the rent.

Therefore if you have paid your rent quarterly then the notice that you are required to give the landlord would be one quarter to expire at the end of a quarter period. I would contact the landlord and put this to them.

They should agree and then you can serve the notice on them, keeping a copy and proof of postage. You should be okay doing this. However, if they dispute it then you may have to get a solicitor to write to them to advise them of the position and get their solicitor to respond to why they think it is not a periodic tenancy.

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Kind regards,

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