Termination at Common Law

Question 1

how can leases be terminated at common law?

Answer 1

• effluxion of time
• notice to quit
• surrender
• merger

Question 2

explain effluxion of time and which leases it terminates

Answer 2

automatic at end of term. No notice needed.

ends fixed term leases

Question 3

explain notice to quit and which leases it terminates

Answer 3

Must give 1 full period’s notice, this will expire at the end of the expiry month.

Exception = 6m notice for yearly tenancy

ends periodic leases

Question 4

explain surrender

Answer 4

LL & T must agree. Lease merges w LL’s reversion and is extinguished.

must use deed to be legal

Question 5

explain merger

Answer 5

T acquires LL’s reversion or 3rd party acquires lease + reversion.

Lease extinguished unless intentionally preserved