Implications of Security of Tenure Flashcards
What happens to a tenant of a protected lease when the contractual term ends and no notice has been served?
A. The tenant holds over and may remain in occupation
B. The tenant becomes a trespasser
C. The lease ends automatically with no rights
D. The landlord can remove them without notice
A. The tenant holds over and may remain in occupation
Explanation: A protected tenant under the LTA 1954 continues to occupy under a statutory tenancy unless properly removed.
Which of the following is a correct method for a tenant to end a protected periodic tenancy?
A. Section 25 notice
B. Section 26 notice
C. Notice to quit
D. Forfeiture
C. Notice to quit
Explanation: Even if the tenancy is protected, periodic tenancies can still be terminated by the tenant serving common law notice to quit.
Which type of notice allows a tenant to formally request a new lease?
A. Section 25
B. Break notice
C. Section 27
D. Section 26
D. Section 26
Explanation: A section 26 notice is how a tenant requests renewal of a protected lease under the LTA 1954.
Which of the following actions is available to a landlord seeking to end a protected tenancy?
A. Section 27 notice
B. Serve a section 25 notice stating intention to oppose renewal
C. Break clause
D. Interim rent application
B. Serve a section 25 notice stating intention to oppose renewal
Explanation: A landlord must use section 25 to propose or oppose renewal; opposing requires relying on limited statutory grounds.
A protected tenant is in breach of their lease and is in rent arrears. What can the landlord do?
A. Serve a section 27 notice
B. Force a variation
C. Serve a section 26 notice
D. Forfeit the lease if permitted under its terms
D. Forfeit the lease if permitted under its terms
Explanation: Security of tenure does not prevent forfeiture — if the lease allows, the landlord may forfeit for breach such as rent arrears.
A landlord serves a section 25 notice offering renewal. The tenant takes no action. What happens?
A. The tenant continues in occupation as a statutory tenant
B. The lease ends automatically
C. The landlord must evict immediately
D. The lease renews automatically on the same terms
A. The tenant continues in occupation as a statutory tenant
Explanation: Until renewal or termination is finalised, the tenant holds over and stays protected under the Act.
A tenant sends a section 27 notice before the end of the term. What is the effect?
A. The landlord must serve a counter-notice
B. The rent is automatically reduced
C. The tenant gives notice of intention to vacate
D. The lease is automatically renewed
C. The tenant gives notice of intention to vacate
Explanation: Section 27 lets a tenant leave voluntarily, ending the tenancy without pursuing a renewal.
A landlord serves a valid section 25 notice opposing renewal. What can the tenant do?
A. Serve a section 27 notice to evict the landlord
B. Wait for automatic renewal
C. Accept eviction
D. Challenge the landlord’s grounds in court
D. Challenge the landlord’s grounds in court
Explanation: The tenant can dispute the grounds for opposition in court — a judge decides whether they meet statutory requirements.
What is the legal consequence if a protected tenant simply walks away at lease expiry without notice?
A. The lease continues under the same terms
B. The tenancy ends and no further action is required
C. The landlord must apply to court
D. The tenant remains liable for rent
B. The tenancy ends and no further action is required
Explanation: The tenant can leave without serving notice. Their security ends, and they’re no longer liable once they vacate.
Which party is responsible for serving a section 26 notice?
A. The court
B. The landlord
C. The tenant
D. The letting agent
C. The tenant
Explanation: A section 26 notice is a tenant’s formal way to request a renewal lease under the 1954 Act.
Which of the following roles is not fulfilled by a section 25 notice?
A. Propose renewal
B. Request new lease by tenant
C. Oppose renewal
D. Trigger statutory termination procedure
B. Request new lease by tenant
Explanation: That is the purpose of a section 26 notice. Section 25 notices are always from landlords.
What distinguishes section 25 and 26 notices?
A. Only one requires court approval
B. Section 26 can be used to oppose renewal
C. They differ in who serves them and their purpose
D. Section 25 is optional; section 26 is mandatory
C. They differ in who serves them and their purpose
Explanation: Section 25 is served by landlords, and may offer or oppose renewal. Section 26 is served by tenants, and only requests renewal.
