Summary of Notices and Other Notice Requirements Flashcards
(12 cards)
What is the minimum notice period for a section 25 or section 26 notice?
A. 3 months
B. 6 months
C. 9 months
D. 1 year
B. 6 months
Explanation: Both section 25 and 26 notices must give at least 6 months’ notice, and no more than 12 months.
Which notice does not require a prescribed form under the Landlord and Tenant Act 1954?
A. Section 27
B. Section 25 (hostile)
C. Section 25 (friendly)
D. Section 26
A. Section 27
Explanation: A section 27 notice may be served as a simple letter; no prescribed form is required.
What is a “competent landlord” for service of a section 25 or 26 notice?
A. The most senior landlord in a company
B. The immediate landlord
C. The first landlord with a reversion that lasts over 14 months
D. The head landlord only
C. The first landlord with a reversion that lasts over 14 months
Explanation: A competent landlord is the first one in the chain who owns the reversion for at least 14 months beyond notice date
A 6-month notice served on 31 August will expire when?
A. 1 March
B. 28 March
C. 2 March
D. 28 February (or 29 February in a leap year)
D. 28 February (or 29 February in a leap year)
Explanation: This applies the corresponding date rule for notices served at month-end.
A tenant serves a section 26 notice on 1 January. The lease ends on 14 July. What is the earliest valid proposed commencement date?
A. 1 July
B. 30 June
C. 14 July
D. 15 July
C. 14 July
Explanation: The proposed commencement date (PCD) must be after contractual expiry, and not before 6 months from notice.
A section 25 notice is served on 15 March with a proposed termination date of 15 October. What is the latest date to apply to court?
A. 15 October
B. 15 September
C. 15 November
D. 15 August
A. 15 October
Explanation: For a section 25 notice, the application deadline is the termination date stated in the notice.
A tenant serves a valid section 27 notice on 1 April to end their tenancy. What is the earliest valid termination date?
A. 1 May
B. 1 June
C. The lease end date
D. 1 July
D. 1 July
Explanation: A section 27 notice requires at least 3 months’ notice, and cannot end before the lease expiry date.
A landlord’s lease expires 2 months after the undertenant’s lease. Who is the competent landlord for the undertenant?
A. The undertenant’s landlord
B. The next landlord up the chain with a reversion over 14 months
C. The head landlord only
D. No one
B. The next landlord up the chain with a reversion over 14 months
Explanation: The undertenant must serve notice on the competent landlord, not the immediate one if their lease ends too soon.
If a section 26 notice is served today (1 May), what is the latest possible proposed commencement date?
A. 1 October
B. 1 February
C. 1 May next year
D. 1 August
C. 1 May next year
Explanation: The proposed date must be no more than 12 months from service, so 1 May next year is the latest possible date.
Once a section 25 notice has been served, can a section 26 or 27 notice still be served?
A. Yes, by mutual agreement
B. No, the notices are mutually exclusive
C. Yes, only if landlord agrees
D. Yes, but only section 27
B. No, the notices are mutually exclusive
Explanation: Section 25, 26 and 27 notices are mutually exclusive — only one notice route can be taken.
Why might a landlord prefer to serve a friendly section 25 notice rather than waiting?
A. To trigger a rent increase or bind the tenant to new terms
B. To prevent holding over
C. To delay rent review
D. To cancel the lease immediately
A. To trigger a rent increase or bind the tenant to new terms
Explanation: A friendly notice allows the landlord to secure a new lease on revised terms, including market rent.
Which of the following is true regarding date calculations for section 25 or 26 notices?
A. All notices must expire on the lease end date
B. Notices must always be 12 months long
C. Notices served on 30 Jan expire on 30 July
D. Notice periods follow calendar date and corresponding date rules
D. Notice periods follow calendar date and corresponding date rules
Explanation: This means that a notice served on 31 August ends on the last day of the relevant future month.
