Application of Security of Tenure Flashcards
Which of the following types of occupation can never qualify for security of tenure under the LTA 1954?
A. Licence
B. Periodic tenancy
C. Fixed-term lease
D. Lease of 10 years
A. Licence
Explanation: A licence is a personal permission to occupy, not a proprietary interest, so it cannot qualify under the LTA 1954.
Which of the following uses would not qualify as a business use under the 1954 Act?
A. Shop with upstairs flat
B. Charity shop
C. Free Sunday school classes
D. Student housing leased by a medical school
C. Free Sunday school classes
Explanation: This is a non-commercial use provided without charge or business intent, so it does not satisfy the “business purpose” requirement.
Which section of the Landlord and Tenant Act 1954 sets out the requirement that premises must be “occupied for the purposes of a business”?
A. Section 38A
B. Section 23(1)
C. Section 30
D. Section 43
B. Section 23(1)
Explanation: Section 23(1) is the starting point for determining whether the security of tenure provisions apply — it requires occupation for business purposes.
Which of the following can benefit from security of tenure if in occupation?
A. A tenant at will
B. A lodger in a house
C. A periodic tenant
D. A licence holder with exclusive possession
C. A periodic tenant
Explanation: Periodic tenancies are protected, provided the premises are occupied and used for business purposes.
Tenant T leases two floors of an office and underlets one floor. When the lease expires, which part does T retain security of tenure over?
A. Only the floor they remain in occupation of
B. Both floors
C. Neither floor
D. The entire building
A. Only the floor they remain in occupation of
Explanation: A tenant can only claim security of tenure over the part they occupy for business purposes. Underletting the other floor breaks occupation.
A commercial tenant has a 5-year fixed-term lease. The landlord serves the warning notice 10 days before lease completion, and the tenant signs a simple declaration. What is the result?
A. The lease is validly contracted out
B. The lease is not validly contracted out
C. The lease is automatically void
D. The tenant must vacate after 5 years
B. The lease is not validly contracted out
Explanation: If less than 14 days’ notice is given, the tenant must make a statutory declaration. A simple signed declaration is insufficient.
A commercial tenant occupies retail premises for business purposes under a series of rolling monthly agreements. Which is most likely true?
A. This is a licence
B. It is an excluded tenancy
C. It is a periodic tenancy that may attract protection
D. It must be contracted out to qualify
C. It is a periodic tenancy that may attract protection
Explanation: A rolling monthly arrangement with exclusive possession is likely a periodic tenancy, which can qualify under LTA 1954.
A landlord lets a room to a security guard to use during their employment. What is the legal status of the tenancy?
A. Protected business tenancy
B. Contracted-out lease
C. Periodic business lease
D. Service tenancy (excluded)
D. Service tenancy (excluded)
Explanation: Service tenancies, granted in connection with employment, are excluded under section 43 of the Act.
Which of the following must be included in a lease that has been contracted out of the LTA 1954?
A. Reference to the warning notice and tenant’s declaration
B. A landlord’s certificate of exemption
C. A statutory declaration from a surveyor
D. A rent deposit clause
A. Reference to the warning notice and tenant’s declaration
Explanation: The lease must refer to both the warning notice and the declaration to be a validly contracted-out lease.
Which of the following types of lease cannot be contracted out of the LTA 1954?
A. Fixed-term of 2 years
B. Periodic tenancy
C. Fixed-term underlease
D. Fixed-term retail lease
B. Periodic tenancy
Explanation: Only fixed-term tenancies can be contracted out. Periodic tenancies cannot be excluded from the Act’s protection
A landlord serves a warning notice and the tenant signs a statutory declaration 3 days before lease completion. Is the tenancy validly contracted out?
A. No, because the notice was served too late
B. Yes, if the declaration was signed after the lease
C. Yes, because the tenant made a statutory declaration
D. No, because fixed-term leases cannot be contracted out
C. Yes, because the tenant made a statutory declaration
Explanation: If completion is less than 14 days after the warning notice, a statutory declaration is required and valid.
Which of the following is true regarding excluded tenancies under the LTA 1954?
A. All leases under 12 months are excluded
B. A lease with residential and business use is always excluded
C. A mining lease with a 15-year term qualifies for protection
D. Agricultural, mining, and service tenancies are excluded by statute
D. Agricultural, mining, and service tenancies are excluded by statute
Explanation: Section 43 excludes certain tenancy types regardless of their duration, including agricultural, mining, and service tenancies.
