LTA 1954 - Termination

Question 1

how can a lease be terminated under the LTA 1954?

Answer 1

If LTA applies, the lease can only be terminated by:
1. s25 LL’s notice
2. s26 T’s request for new tenancy
3. Forfeiture
4. Surrender
5. T giving LL NTQ (if periodic tenancy)
6. s27 notice by T (if fixed-term lease)
7. T cease to be in occupation (s27(1A)) (fixed-term lease)

Question 2

what is the s25 LTA 1954 procedure?

Answer 2

termination by the LL:
* LL serves notice stating either:
o They oppose new tenancy + s30 grounds
o Renew lease + proposals
* Notice must state proposed end of tenancy (NB: cannot be earlier than current expiry date)
* Notice must be served at least 6m before and not more than 12m before proposed termination date

Question 3

what is the procedure under s26 LTA 1954?

Answer 3

T requests new tenancy:
* If T wants to stay they can wait for LL to serve s25 notice or serve s26 request
* Request must inc. proposed start date (not earlier than current expiry) + terms
* Must be served at least 6m before and not more than 12m before proposed termination date
* If the LL opposes, they must serve counternotice inc. s30 ground within 2m

Question 4

re: s25 & s26 LTA 1954

what must T do to protect themselves?

Answer 4

• If T & LL cannot agree, T must apply to court for lease to be renewed before termination date (LL could pre-empt and apply).
• Failure = lose LTA rights. Application made to county court.
• Parties can agree to ext. proposed termination date to avoid costs if negotiating

Question 5

explain s27 LTA 1954

Answer 5

T can end fixed lease by serving 3m written notice on LL.

Notice cannot expire before contractual expiry.

Question 6

explain s27(1A) LTA 1954

Answer 6

T can end fixed term lease by leaving