Make Sure You Get It In Writing

The claim in a recent case arose in relation to whether the occupants of commercial premises had a right to a tenancy. The claimants argued that they were the lawful tenant of the premises pursuant either to a 10-year oral lease or a periodic tenancy. In either scenario, it was contended that the tenancy was a business tenancy, subject to and protected by security of tenure.

The court struck out the claim to a 10-year oral lease. It reasoned that leases of land for more than three years are void for the purpose of creating a legal estate unless made by deed. In addition, in order for there to be a valid contract relating to land, such a contract is required to be in writing in a document setting out all the terms which this was not.

However, the court found that the claimants had an arguable case for a periodic tenancy. The occupant had been in exclusive...