Lease Termination And Security Of Tenure Flashcards
How can leases be terminated at common law?
Effluxion of time (fixed term lease, comes to an end)
Notice to quit (periodic tenancies, call it)
Surrender (mutual - merges into landlords reversion and is extinguished)
Merger (when tenant acquires REVERSION, and it merges the other way around to surrender)
What is the 1954 act?
If a tenancy comes within ambit of 1954 act, the common law methods of termination MAY NOT APPLY
A tenancy is protected by 1954 act, may continue until it is terminated in accordance with the provisions of the act
What is s 23 of the 1954 act?
Applies to any tenancy wehre the property comprises in the tenancy or includes premises whcih are occupied by tenant for the purpose of a business carried on by him or for those and other purposes
Must be a tenancy, occupied by tenant, for business purposes.
Which types of business tnenacy are NOT protected by the ac1954 act?
Tenancies at will (terminated at any time)
Fixed term tenancies not exceeding 6 moths are not protected
Certain types of business leases (agricultural holdings etc)
Fixed term tenancies that are “contracted out” of the 1954 act. This is if they agree that hte tenant will not be afforded the protection if it. Must give notice in prescribed form warning tenant that they are agreeing to a laease without the security of tenure
What is the effect of the 1954 act?
A tenant who is occupying property for business purposes and who is NOT caught out by exclusions, are protected by 1954 act.
States that a tenancy will CONTINUE until terminated, in accordance with the 1954 act, and even THEN, the tenant has a right to apply to court for a enw tenancy, which can only be opposed by landlord through 7 statutory grounds.
What are the statutory grounds that ta landlord can oppose the renewal of a leaes, s 30 of 1954 act
Tenants failure to repair
Tenants perisistne delay in payment rent
Tenants substantial breach of other obligations
Landlord has offered alternative accountaiotn
Tenant is an underletting of part
Landlrod intends to demolish or reconstruct and could not reasonably do so without obtaining possession
Landlord intends to occupy the holding for its own business
What are the 7 methods of termination through the 1954 act?
By service of a landlords notice under s 25
By service of a tenants request for a new tenancy under s 26
Forfeiture
Surrender
Periodic tenancy - notice to quit
Fixed term lease - 3 months written notice on landlord under s 27
Fixed term lease - tenant ceasing to be in occupation for business purposes at the end of the leaes
What is the s 25 notice
Termination by andlord
Can be used to terminate a fixed term or periodic tnenacy, it landlord must follow procedure
What is the procedure for a s 25 notice?
Must state date on whcih landlord wants tenancy to end
Cannot be earlier than the date tenancy could have been terminated under common law
Served NO LESS than 6 months and NO MORE Ethan 12 months before termination date on onotice
If the landlord indicates in s 25 that it will oppose the grant of a new tenancy, what must the tenant do?
Apply to court BEFORE the expiry of the s 25 notice, or they will lose their rights under 1954 act.
Landlord can pre-empt the tenants applicaiton to court, by requiring an order to terminate the lease on teh grounds stated in s 25 notice.
What is a s 26 request?
If a protected tenant wants to STAY in the prperty after contractual expiry date, they could CHOOSE to do nothing.
OR, they could take initiative, and serve a s 26 request.
Serves to bring the current tenancy to an END, and constitute a request for new tenancy.
Must state date, and must contain tenants proposals for new tenancy.
Same time limits as s 25
What is a s 27 notice?
A tenant of a lease protected by 1954 act who wants to terminate the lease ON the contractual expiry date, can do so by serving a s 27 notice 3 months prior written notice.
A protected tenant who wants to terminate the lease AFER the contractual expiry date can do so by serving a s 27 notice or agreeing a voluntary surrender of the leaes
Whcih landlord grounds for opposition are discretionary?
Failure to repair, delay in rent, breach of others, - all discretionary, court will decide .
Which landlord opposition grounds are MADNATORY
Offered alternative accommodation, intends to demos, or intends to occupy building
What must the landlord show for ground (f), demolish?
It has a firm and settled intention to carry out work
It intends to demolish or reconstruct premise
Cannot reasonably carry out work without obtaining possession
Must have owned it for 5 years.
