ABSTRACT
A tenancy at will is not protected by Pt II of the Landlord and Tenant Act 1954 and can be brought to an end at any time by either party
without any need for a break clause or proviso for forfeiture. Recitals should be included explaining the circumstances in which the tenancy at will has been granted as it must be shown to be genuine. Care must be taken not to create a periodic tenancy; this has been achieved here by creating a daily rent. Such a tenancy should only be used on a short term basis, because regular payments of rent with reference to a period may give rise to the implication of a periodic tenancy. It is fatal to a tenancy at will to include a period of notice on which the tenancy can be determined.
