Lease termination Flashcards
(15 cards)
What happens to a lease when there is no security of tenure?
The lease expires at the end of the contractual term.
What is a tenant at will?
An unprotected tenant who remains with landlord’s consent after the lease expires.
What can convert a tenancy at will to a periodic tenancy?
Acceptance of rent by the landlord.
Is a break clause effective with a protected tenancy?
- If T exercises break –> yes
- If LL exercises break –> no, must be contracted out or T can still hold over
True or False: A periodic tenancy can be contracted out.
False.
What is the notice period for notice to quit?
- Weekly tenancy – four weeks’ notice (residential) or one week (other)
- Monthly – one month
- Quarterly – one quarter
- Yearly – six months
What does a notice to quit provide?
A specific date on which to vacate the property.
What happens when a landlord serves a notice to quit on a protected tenancy?
It only ends the periodic tenancy; the tenant may hold over.
What type of notice must a landlord serve if a tenant holds over after serving notice to quit on a protected tenancy?
A hostile s25 notice.
T cannot serve a s26 notice
Can a tenant serve a notice to quit on a protected tenancy?
Yes, it will be effective whether the tenancy is protected or not.
What is required for a surrender to occur?
Agreement by both landlord and tenant, must be by deed.
What is a reverse premium?
Payment made by the tenant when surrendering.
What does surrender by operation of law refer to?
When parties act inconsistently with the continuation of tenancy.
e.g LL accepts keys from tenant on the understanding that they are permanently leaving
What must be followed if there is an agreement to surrender a protected tenancy in advance?
A notice and declaration procedure similar to contracting out.
What is merger in the context of tenancy?
When a tenant acquires the landlord’s superior interest or a third party acquires both.
