Landlord's Notices Flashcards
(12 cards)
What is the required notice period for a section 25 notice under the LTA 1954?
A. At least 3 months
B. No more than 6 months
C. Between 6 and 12 months before the termination date
D. Within 3 months after lease expiry
C. Between 6 and 12 months before the termination date
Explanation: The landlord must serve the notice no less than 6 and no more than 12 months before the proposed end of the tenancy.
What distinguishes a friendly section 25 notice from a hostile one?
A. It does not require court approval
B. It can be served at any time
C. It prevents forfeiture
D. It proposes terms for a new lease instead of opposing renewal
D. It proposes terms for a new lease instead of opposing renewal
Explanation: A friendly notice indicates the landlord wants renewal and includes proposed terms.
Which of the following is a mandatory ground for opposing renewal in a hostile section 25 notice?
A. Landlord intends to occupy the premises
B. Persistent delay in rent payments
C. Serious breach of repairing obligations
D. Breach of user covenant
A. Landlord intends to occupy the premises
Explanation: This is ground (g), a mandatory and compensatory ground requiring the court to grant possession if proven.
Which ground for opposition requires the landlord to offer alternative accommodation?
A. Ground (c)
B. Ground (d)
C. Ground (f)
D. Ground (g)
B. Ground (d)
Explanation: Ground (d) allows refusal of renewal if suitable alternative premises are offered. It is mandatory and not compensatory.
A landlord has planning permission and a signed contract to redevelop the property. Which ground under section 25 should they rely on?
A. Ground (a)
B. Ground (d)
C. Ground (g)
D. Ground (f)
D. Ground (f)
Explanation: This ground applies when the landlord intends to rebuild or carry out major construction. Planning permission or contracts help prove genuine intent.
A landlord serves a hostile section 25 notice based on a serious breach of the tenant’s repairing obligations. What category does this ground fall under?
A. Discretionary and not compensatory
B. Mandatory and compensatory
C. Discretionary and compensatory
D. Mandatory and not compensatory
A. Discretionary and not compensatory
Explanation: Fault-based grounds like breaches of covenant are discretionary and do not give rise to compensation.
A tenant has occupied the premises for 16 years but is refused renewal because the landlord is redeveloping. What is the tenant entitled to?
A. Nothing
B. Market rent adjustment
C. Compensation of two times rateable value
D. Lease extension of six months
C. Compensation of two times rateable value
Explanation: On compensatory grounds (like ground f), a tenant in occupation for 14+ years gets 2x rateable value in compensation.
A landlord seeks possession under ground (g) to occupy the premises themselves. What is a key requirement?
A. The premises must be vacant
B. The landlord must have owned the reversion for at least 5 years
C. The tenant must have refused a rent increase
D. The landlord must already live in an adjacent building
B. The landlord must have owned the reversion for at least 5 years
Explanation: Ground (g) requires a firm and settled intention and that the landlord has owned the property for 5+ years.
If a landlord successfully relies on ground (d) in a section 25 notice, what is the effect?
A. Tenant is entitled to 1x rateable value in compensation
B. Tenant can delay eviction by 12 months
C. Court may grant renewal in exceptional cases
D. The court must grant possession and no compensation is due
D. The court must grant possession and no compensation is due
Explanation: Ground (d) is mandatory, and since it is based on an alternative offer, no fault = no compensation.
A landlord claims a tenant persistently paid rent late. The court finds the landlord refused to set up direct debit or accept instalments. What may happen?
A. The court may refuse possession due to discretionary nature of the ground
B. The court must still grant possession
C. The tenant will owe damages
D. The tenant must vacate within 3 months
A. The court may refuse possession due to discretionary nature of the ground
Explanation: Grounds based on tenant fault (like persistent delay) are discretionary — the court can deny possession where the landlord contributed to the issue.
How is “rateable value” relevant to section 25 compensation?
A. It determines market rent
B. It reflects fair market value of freehold
C. It forms the basis for calculating compensation on certain grounds
D. It limits the tenant’s damages claim
C. It forms the basis for calculating compensation on certain grounds
Explanation: Compensation is based on 1x or 2x the rateable value, depending on length of occupation and whether the ground is compensatory.
Which of the following is not true about mandatory grounds under section 25?
A. If proven, the court must grant possession
B. The landlord may use them even without evidence
C. They include landlord’s intention to occupy
D. Compensation may be payable in some cases
B. The landlord may use them even without evidence
Explanation: Landlords must provide firm, credible evidence (e.g. planning permission, signed contracts) to succeed on mandatory grounds.
