An Overview of a Tenancy at Will

Posted: 23 December 2025

A tenancy at will is a short-term arrangement that allows a tenant to occupy commercial premises with the landlord’s consent. It can be ended at any time by either party, making it a flexible option during periods of transition. These arrangements are often used while the terms of a formal lease are still being agreed upon.

What Is a Tenancy at Will?

A tenancy at will gives a tenant the right to occupy property on a temporary basis without a fixed end date. The arrangement continues only for as long as both the landlord and tenant agree for it to remain in place.

Because neither party is tied into the arrangement, a tenancy at will does not offer long-term security. It is generally used as a short-term solution where circumstances are changing or where a more substantial lease is expected to follow.

Understanding the meaning of a tenancy at will can help both landlords and tenants decide whether this type of agreement fits their situation.

Key Features of a Tenancy at Will

A tenancy at will has several defining characteristics

No fixed term

The agreement has no set period and continues only with the ongoing consent of both parties.

Terminable at any time

Either side may bring the arrangement to an end immediately.

No security of tenure

The tenant does not receive statutory protection under the Landlord and Tenant Act 1954.

Must remain flexible

If a clear end date or structured rent periods are included, the arrangement may be treated as a periodic tenancy rather than a tenancy at will.

Personal to the parties

The arrangement cannot be assigned to another occupier.

Intended for short-term use

A tenancy at will is typically used while the parties finalise a longer-term lease.

Exempt from SDLT

A genuine tenancy at will is not subject to Stamp Duty Land Tax.

When Might a Tenancy at Will Be Used?

A tenancy at will can offer a practical short-term solution when immediate occupation is required, but a formal lease is not yet ready. It is commonly used in situations such as:

• A previous lease has ended, and temporary occupation is needed
• Negotiations for a new lease require additional time
• A tenant needs short-term access while documents are finalised

The arrangement benefits both sides. Tenants gain early access to the premises, while landlords retain the flexibility to end the agreement if circumstances change.

However, a tenancy at will should not be allowed to continue for an extended period. If it does, or if the parties conduct themselves as though a long-term tenancy exists, a court may conclude that a periodic tenancy has arisen. This can create obligations and rights that neither party intended.

Tenancy at Will – Key Points

A tenancy at will is simple, flexible and useful during transitional periods. It is not a long-term solution and does not provide the protections associated with a formal lease. Regular review and careful drafting help ensure the arrangement remains suitable and does not evolve into a different type of tenancy.

If you are unsure whether a tenancy at will is the right option, taking legal advice early can help you avoid future disputes or unexpected obligations.

Speak to our Commercial Property Team Today

If you need advice on a tenancy at will or wider commercial property matters, please contact our Commercial Property team.

Call our Chelmsford Office on 01245 493959 or our Braintree Office on 01376 556690 or send an email.