Head 17:7 Flashcards
(18 cards)
What is the general position in relation to termination?
General position is that the tenant only has to remove if the landlord serves a notice to quit. If the landlord doesn’t serve a notice to quit then it is assumed that the parties don’t wish to continue the lease
THIS IS PROBABLY WRONG - I THINK IF THE LANDLORD DOESN’T SERVE A NOTICE TO QUIT IT IS ASSUMED THAT THE PARTIES DO WISH TO CONTINUE
Prescribed period of notice for agricultural holdings?
Not less than one year and not more than 2 years prior to the ish
Prescribed period of notice for other leases of land exceeding two acres?
Same as agricultural (not less than one year and not more than 2 years prior to the ish) but for LEASES LESS THAN 3 YEARS the minimum is 6 MONTHS
Prescribed period of notice for LEASES GREATER than four months?
Minimum is 40 days notice
Prescribed period of notice for LEASES OF FOUR MONTHS OR LESS?
Minimum is one third of the duration of the let.
Prescribed period of notice for dwelling houses?
The minimum is four weeks.
What happens if there is no notice to quit?
The law presumes the parties intend to continue the lease and ‘tacit relocation’ occurs and the lease continues.
How long is the period of extension under tacit relocation?
For leases under one year…
For leases over one year…
In leases under one year, the same period again.
In leases of one year or over, one year.
How long can tacit relocation continue?
This continues indefinitely until the notice procedure is used - the lease continues on the same terms EXCEPT IF THE LENGTH IS GREATER THAN 1 YEAR ANDTHE TERMS INCONSISTENT WITH A LEASE OF 1 YEAR.
*Macdougall v Guidi 1992
Suggests yes you can CONTRACT OUT OF TACIT RELOCATION.
However this is a Sheriff Court case and it is not absolutely certain.
Signet Group v J Clark Retail Properties 1996
The tenant sent a notice of termination to the landlord but not in conformity with the notice provisions of the lease. The tenant’s argued that their actions in closing down their business and removing well before any date the notice was due amounted to sufficient conduct to exclude tacit relocation. The court held that while actions could communicate an intention to quit and therefore exclude tacit relocation - none of the actions here were communicated to the landlord and therefore tacit relocation applied.
[Thus in circumstances like this unilateral actings are unlikely to exclude tacit relocation.]
3 general ways in which a lease can end before the ish?
- Break clauses
- Frustration
- Other events
What is a break clause?
Sometimes the leases itself gives opportunities to end early: these are known as break clauses. These might be in favour of the landlord or tenant. These are typically available on an anniversary of a date of entry.
Trygort (No 2) v UK Home Finance [2008].
Break clauses typically prevent a tenant from exercising the option if they are in breach of the conditions under the lease
Three main examples of frustration of leases
- Rei interitus (proprerty totally destroyed)
- Constrictive destruction (property destroyed in practical terms)
- Supervening impossibility (Tay Salmon Fisheries v Speedie 1929)
Tay Salmon Fisheries v Speedie 1929
Lease of subjects which the MoD subsequently designated as a firing range. The purposes of the lease were rendered impossible so the lease was frustrated.
What “other events” can cause premature termination of a lease?
Rescission
Irritancy
Death of tenant
What happens on the death of a tenant?
If there is a prohibition against assignation (or assignation prevented by delectus personae) then the lease comes to an end. If not then the deceased can pass the lease on in their will. If there is no will then it is for the executor to deal with (Succession (S) Act 1964 s 16).
