10.1 Termination Flashcards
What are the 6 ways to terminate a lease?
- Effluxion of time
- Break Clause
- Notice to quit
- Surrender
- Merger
- Forfeiture
What is effluxion of time?
End of contractual period in lease. Consider issues of protected vs unprotected tenancy.
What is the impact of a protected tenancy upon effluxion of time?
Protected tenant can hold over and then requires a LL’s S.25 or T’s S.26/27 notice to end the tenancy.
What is the impact of an unprotected tenancy upon effluxion of time?
T remaining in occupation will have a TENANCY AT WILL, just requiring reasonable notice by either party to end. LL must be careful of accepting periodic rent…
Why must a LL be careful about accepting periodic rent from an unprotected T who is remaining in occupation under a Tenancy at Will?
Receiving rent could imply a periodic tenancy and acquire protected tenancy status.
What is a Notice to Quit?
Notice by either the LL or T of a periodic tenancy, indicating their wish to terminate the tenancy. (subject to notice requirements)
Which type of tenancies are not automatically protected?
non-commercial, service tenancy, agricultural, mining, fixed term 6 months or less.
What are the notice periods of a Notice to Quit a periodic tenancy?
Yearly= 6 months’ notice
Monthly= 1 month
Quarterly= 1 quarter notice
Weekly= 1 week’s notice but 4 weeks for resi
(All unless otherwise agreed.)
What type of tenancy CANNOT be contracted out?
Periodic Tenancy
What effect does a LL’s Notice to Quit have on a T’s periodic tenancy and what might the LL need to do further to recover possession?
The notice only ends the periodic tenancy itself. T can still hold over but they are NOT then entitled to serve a S.26 notice to renew.
LL may need to serve a hostile S.25 notice to recover possession (subject to usual S.25 notice requirements).
A fixed term tenancy of 6 months or less is not automatically protected - how can such a T acquire protection?
If T remains in occupation for 12 months.
What are the 2 types of surrender?
- EXPRESS SURRENDER - T gives up fixed term, leasehold interest with LL’s agreement, before contractual end.
- OPERATION BY LAW: LL and T actions conflict with tenancy continuing e.g. T gives LL keys because they will not be returning.
What is the effect of a protected tenancy upon surrender?
If there is an AGREEMENT TO SURRENDER in advance of the DoS, notice and declaration process required for the agreement (similar to contracting out).
What happens to a subtenant’s interest if the T surrender’s its headlease?
T’s interest becomes extinguished and a subtenant will become the immediate tenant of the LL, under the terms of the sublease.
What is a merger and what happens to T’s L/H interest?
- T acquires LL’s interest (opposite of surrender)
OR - 3rd party acquires both interests.
The two titles merge and so the L/H interest is extinguished by the merger.
