security of tenure Flashcards
wear are the requirements for security of tenure?
- Fixed tenancy/ periodic tenancy
not for agricultural, mining, service lease,
MORE THAN SIX MONTHS- can be protected id the tenant has been in occupation for 12 or more, whether through successive tenancies or if the tenancy is renewable beyond 6 months. - T must occupy the premises
- must be for the purpose of business
what sort of lease can contract out of security of tenure?
- Only a fixed lease
What is the procedure for contracting out of security of tenure
- LL serves warning notice on T before completion
If at least 14 days before completion- T provide a simple signed declaration
If less than 14 days- Ts provide a statutory declaration
The lease must contain reference to the warning notice and declaration and the act
what are the implications of security of tenure?
- protected tenancy- T has a right to stay in occupation, this is known as ‘holding over’. LL cannot evict unless allowed methods.
How can the LL end a protected tenant?
- forfeit the lease if there has been a breach of Ts covenants
- Serve a section 25 notice
How can a tenant end a protected tenancy/ continue (5)
- vacate the premises
- surrender the lease
- for periodic tenancy- serve a notice to quit
- serve section 26 notice to request new tenant
- serve s.27 to leave the premises
when must a s.25 notice be served
no less than 6 months and no more than 12 months before the proposed date of termination. The proposed date of termination must be on to after the date on which the contractual term ends.
What is the difference between a friendly and a hostile s25 notice?
Friendly- LL is willing to renew the lease, to start the day after the date of termination
A hostile s25- LL intends to oppose renewal of the lease. LL can only do this on certain statutory grounds which must be specified
what are the grounds for a hostile s25 notice?
- persistent and serious breaches of a repairing obligation
- persistent delay in rent
- serious and persistent other breaches of covenants by T
- LL offered suitable alternative accommodation
- LL intends to demolish or reconstruct the premises to carry out substantial construction work
- LL intends to occupy the premises for itself - only relied on if LL owned the reversion for 5 years
LL must be able to substantiate the grounds it relies on.
what’s the difference between compensatory and non- compensatory grounds?
Compensatory- no fault of T. T may be entitled to compensation
Non- compensatory- Ts fault no entitlement to compensation
what’s the difference between compensatory and non- compensatory grounds?
Compensatory- no fault of T. T may be entitled to compensation
Non- compensatory- Ts fault no entitlement to compensation
which grounds are discretionary and which are mandatory
Disc:
- breach of T repairing obligation.
- persistent delay in rent
- other substantial breached of Ts obligations
Mand:
- suitable alternative provided
- substantial repairs/ construction
- LL intends to occupy itself
requirements for a s26 notice
- tenancy must be protected
- original lease for more than 1 year
- T must propose the commencement date of the new lease: Minimum 6 months ma 12 months from the date of the notice period.
how can the LL oppose the s26 notice
LL can serve a counter notice within 2 moths of the section 26 notice. The LL can only oppose on one or more of the statutory grounds of s25
requirements for a s26 notice
- tenancy must be protected
- original lease for more than 1 year
- T serves s26 12 months before end of contract
- T must propose the commencement date of the new lease: Minimum 6 months max 12 months from the date of the notice period.
