Solicitors for Tenancy At Will for Commercial Property

When you need a flexible and immediate tenancy arrangement, a Tenancy at Will can provide a practical solution for both landlords and tenants. Whether you require a short-term occupancy arrangement while final lease terms are negotiated or need the ability to terminate the agreement at short notice, this type of tenancy offers an efficient and cost-effective option.

At Mounteney Solicitors, our experienced commercial property team provides expert guidance to ensure that your Tenancy at Will agreement is legally sound, clearly drafted, and aligned with your interests. We work with both landlords and tenants to secure agreements that provide certainty and protection, giving you the confidence to proceed with your business plans.

If you need advice or assistance with a Tenancy at Will, contact our solicitors today for tailored legal support.

What is a Commercial Tenancy at Will?

A Commercial Tenancy at Will is a temporary lease arrangement that allows a tenant to occupy a property without a fixed term. Either the landlord or tenant can terminate the tenancy at any time without prior notice, making it ideal for short-term use.

This type of tenancy is particularly useful when:

• A tenant needs immediate access to a property while long-term lease negotiations are ongoing.
• A landlord wishes to generate rental income without committing to a fixed-term agreement.
• The parties require flexibility, ensuring that the tenant can vacate, or the landlord can reclaim the property, without legal complications.

It is essential to ensure that the tenancy agreement is properly drafted to prevent unintended legal consequences. Our solicitors will ensure that your Tenancy at Will reflects your needs while providing full legal clarity and protection.

Why Use a Tenancy at Will?

A Tenancy at Will is a useful option when an immediate occupation agreement is required, and there is insufficient time to negotiate and finalise a full lease. This type of arrangement allows a tenant to secure business premises quickly while giving both parties time to discuss and agree on a longer-term contract.

Our solicitors can assist in drafting and reviewing your Tenancy at Will, ensuring that it meets legal requirements while safeguarding your interests. If you need a temporary but secure tenancy solution, our team is here to help.

What Should a Tenancy at Will Include?

A Tenancy at Will must be carefully structured to ensure it does not inadvertently grant the tenant security of tenure, which could make it difficult for the landlord to regain possession. A properly drafted agreement should include:

• No Fixed Term – The agreement must remain open-ended, allowing either party to terminate at any time.
• No Statutory Security of Tenure – The tenant does not have the right to remain in the property once the agreement ends.
• Non-Transferability – The tenancy is personal to the original landlord and tenant and cannot be assigned to a third party.
• Clear Terms on Use and Responsibilities – The agreement should specify the permitted use of the property and clarify responsibilities for repairs and maintenance.

Adhering to these principles ensures that the agreement remains legally valid and does not inadvertently create a more permanent lease arrangement. Our solicitors will ensure your Tenancy at Will is properly structured, providing you with certainty and peace of mind.

Do You Need a Written Agreement for a Tenancy at Will?

While a Tenancy at Will can arise through implication—such as when a lease , and the landlord allows the tenant to remain—it is always preferable to have a formal written agreement in place.

A properly drafted document provides clear terms, minimises the risk of disputes, and ensures that both parties fully understand their rights and obligations. Our Tenancy at Will solicitors can quickly prepare a legally sound agreement, ensuring you have the clarity and security you need.

What Are the Advantages of a Tenancy at Will?

A Tenancy at Will offers several benefits for both landlords and tenants, including:

• Speed and Simplicity – The agreement can be drafted quickly, often in a single-page document, keeping costs low and negotiations minimal.
• Flexibility – Either party can terminate the tenancy at any time, providing a high level of adaptability.
• No Security of Tenure – The tenant has no legal right to remain once the agreement ends, making it easier for the landlord to regain possession.
• Tax Benefits – Tenancies at Will are usually exempt from Stamp Duty Land Tax, reducing financial costs for the tenant.

If you are considering a Tenancy at Will, our expert solicitors can guide you through the process and ensure your agreement is tailored to your specific needs.

What happens if I want to terminate a Tenancy at Will?

A Tenancy at Will can be ended at any time by either the landlord or the tenant. While formal notice is not legally required, it is generally advisable for one party to notify the other in writing to avoid any uncertainty.

Termination can also be implied through actions such as:

• The landlord demanding the return of the keys.
• The tenant vacating the property and returning the keys.
• The landlord and tenant entering into a new lease agreement, which automatically ends the Tenancy at Will.

If a landlord terminates the tenancy, the tenant must be given reasonable time to remove their belongings from the property. Our solicitors can advise on the best approach to termination to ensure compliance with legal requirements.

Why is it important to instruct a Tenancy at Will solicitor?

It is vital that a Tenancy at Will is drafted correctly. This reduces the risk of it being classified as a periodic tenancy. In such circumstances, the tenant could benefit from statutory rights to remain in the property after the tenancy has been terminated. This could result in the landlord having to take the tenant to court or paying statutory compensation for the tenant to vacate the property.

Landlords and tenants should seek expert legal advice to ensure that they are entering into the agreement as intended. Our knowledgeable team are here to safeguard your interests at every step.

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We charge £750 + VAT

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If you have any questions, require any further information, or would like to engage us on the T&Cs linked Our Terms in the footer below, please don’t hesitate to Contact Us.

Our Tenancy at Will Solicitors pride themselves on providing expert help with drafting agreements in a time-efficient manner. You can count on us for comprehensive advice.

From our offices, in Cheadle, Heald Green, Hazel Grove and Bramhall, our Commercial Property Solicitors are here to provide clear, professional guidance tailored to your needs. We regularly help clients around Greater Manchester, including Alderley Edge, Poynton, Wilmslow and Marple.

If you need any advice around a Tenancy at Will, don’t hesitate to contact us.