Security of tenure

Question 1

Conditions for security of tenancy

Answer 1

1. Tenancy occupied by tenant
2. for business purposes

Question 2

Tenancies that have security of tenure?

Answer 2

• Fixed term tenancies at least 6 months
• fixed term tenancies less than 6 months + occupation for at least 12 months

Question 3

Tenancies that dont have security of tenure?

Answer 3

• Fixed term tenancy less than 6 months (unless in occupation for 12 months)
• tenancy at will
• tenancy contracted out

Question 4

Meaning of security of tenure?

Answer 4

Tenant can remain in occupation of property after term expired + landlord cannot evict until either party serves notice

Question 5

Methods landlord can use to end security of tenure lease?

Answer 5

1. Forfeit (if lease allows + breach)
2. section 25 notice- recover (hostile) or renew (friendly) lease

Question 5

Methods tenant can use to end security of tenure lease?

Answer 5

1. Surrender lease
2. Move out
3. S26 notice (request new tenancy)
4. s27 notice (leave premise)
5. Notice to quit periodic tenancy

Question 6

Section 25 notice by landlord

Answer 6

Renew lease or end lease to recover property
* 6-12 months before
* recover property on s30 grouds

Question 7

Section 26 notice by TENANT

Answer 7

renew lease
* new commencement less than 6 months and no more than 12 month from service

• landlord serve s25 counternotice within 2 months on s30 ground

Question 8

Section 27 notice by tenant

Answer 8

leave premise (3 months of intended termination date)

Question 9

t

Section 30 grounds to oppose renewal of lease?

Answer 9

1. breach of repair obligation by T
2. Peristent delay in rent payment by T
3. Other substantial breaches of T obligation
4. Offered alternative accom
5. Settled intention to do construction/renovation
6. L intend to self occupy (evidence owned reverion for at least 5 years)

Question 10

Which S30 grounds MUST courts grant permission for landlord to oppose

Answer 10

1. offered alternate accom
2. intention to do renovations
3. self occupy

Question 11

Remedies for failure to pay rent

Answer 11

1. rent deposit
2. garuantor
3. forfeit (automatic)
4. Debt action (only recover last 6 months)
5. CRAR (7 day notice of intent to enter property + seize goods, not business goods up to £1350, and sell items with 7 day notice)

Question 12

Remedies for breach of repair covenant

Answer 12

1. Forfeit (s146 notice stating breach, time to remedy and compensation - tenant has right to object within 28 days if over 3 unepxired years left)
2. Self help remedy (ask for repair to be done within reasonable time = failure to do it = L enter and do repairs + recover costs from T)
3. Specific performance
4. Damages
5. Pursue AGA