Tenant's Notices Flashcards
(12 cards)
Which of the following is the correct notice period for a section 26 notice?
A. 3 months
B. 1 month
C. 2–6 months
D. 6–12 months before the proposed start date of the new lease
D. 6–12 months before the proposed start date of the new lease
Explanation: A section 26 notice must be served no less than 6 and no more than 12 months before the proposed commencement date.
If a tenant wants to formally end the lease during a holdover period, which notice should they use?
A. Section 25 notice
B. Section 27 notice
C. Section 26 notice
D. Rent review notice
B. Section 27 notice
Explanation: Section 27 is the tenant’s formal method of ending the tenancy after the contractual term has expired.
Once a section 26 notice is served, which of the following is true?
A. No section 25 or 27 notice can be served
B. The landlord must agree to renew
C. Rent is automatically reduced to market rate
D. The tenant is locked in for 12 months
A. No section 25 or 27 notice can be served
Explanation: Section 25, 26, and 27 notices are mutually exclusive — once one is served, the others cannot be used.
Which of the following is not required for a section 27 notice to be valid?
A. It must be clear and in writing
B. It must give at least 3 months’ notice
C. It must be in a prescribed statutory form
D. It must expire no earlier than the end of the contractual term
C. It must be in a prescribed statutory form
Explanation: Unlike sections 25 and 26, section 27 has no prescribed form, but must clearly state intention and comply with the time requirement.
A tenant wants to leave on 30 June. It is currently 15 May. What should the tenant do?
A. Serve a section 26 notice
B. Vacate silently
C. Serve a section 27 notice immediately
D. Wait until the landlord serves notice
C. Serve a section 27 notice immediately
Explanation: The tenant must give at least 3 months’ notice, so serving on 15 May is too late for 30 June, but doing so now minimises delay.
A tenant is holding over, paying above-market rent due to a penultimate day rent review. What notice can they serve to try to secure a lease at a new market rate?
A. Section 25 notice
B. Section 27 notice
C. No notice needed
D. Section 26 notice
D. Section 26 notice
Explanation: A section 26 notice allows the tenant to initiate a new lease negotiation, potentially at a lower market rent.
A tenant with a 10-month lease wants to renew. Can they serve a section 26 notice?
A. Yes, but only with the landlord’s consent
B. No, section 26 only applies if the original lease was over 12 months
C. Yes, provided they are still in occupation
D. No, but they can serve a section 27 notice instead
B. No, section 26 only applies if the original lease was over 12 months
Explanation: Tenants with leases of one year or less cannot initiate renewal via section 26, though the landlord can initiate via section 25.
A tenant is vacating on lease expiry but wants to avoid uncertainty. What is best practice?
A. Notify the landlord in writing
B. Serve a section 25 notice
C. Do nothing
D. Wait for landlord’s action
A. Notify the landlord in writing
Explanation: Though not legally required, it’s good practice to inform the landlord to avoid confusion about whether the tenant is holding over.
What is the consequence if a tenant serves a valid section 27 notice?
A. The lease is automatically renewed
B. The landlord must serve a counter-notice
C. The tenant is liable for compensation
D. The tenancy ends on the date stated, and no other notice can be served
D. The tenancy ends on the date stated, and no other notice can be served
Explanation: Section 27 is binding. Once served, neither party can serve another type of notice (25 or 26).
A tenant serves a section 26 notice proposing a new lease starting 1 October. What is the latest date they can serve the notice?
A. 1 July
B. 1 June
C. 31 March
D. 30 April
C. 31 March
Explanation: The minimum notice period is 6 months before the proposed lease start date, so 1 October minus 6 months is 31 March.
If a tenant serves a section 26 notice, how long does the landlord have to respond with a counter-notice?
A. Two months
B. Six weeks
C. Three months
D. There is no time limit
A. Two months
Explanation: The landlord must serve a counter-notice within 2 months if opposing renewal on statutory grounds.
Which of the following invalidates a section 26 notice?
A. Proposing a term longer than the original lease
B. Serving it for a lease that originally lasted less than one year
C. Not copying the landlord’s agent
D. Offering terms more favourable to the tenant
B. Serving it for a lease that originally lasted less than one year
Explanation: Section 26 only applies to leases originally granted for more than one year. If this requirement is not met, the notice is invalid.
