Effect of possession proceedings on tenancy at will

In Banjo v London Borough of Brent ([2005] EWCA Civ 292, CA (Eng)) T’s lease came to an end on 17th June 1982. T remained in possession but did not pay any rent. On 8th February 2002, L gave notice of its intention to bring possession proceedings. T still remained in possession. The English Court of Appeal held that from 17th June 1982 until 8th February 2002, T was a tenant at will. L’s letter notifying T of its intention to issue possession proceedings brought the tenancy at will to an end ([32]). From then on, T was a trespasser ([33]).

Michael Lower

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