7 - Security of tenure Flashcards
what is the 1954 act and what is its purpose?
Landlord and Tenant Act 1954 - protected tenancies do not come to an end on the contractual expiry date unless terminated in accordance with the Act
What does it mean when a tenant is ‘holding over’?
Tenant stays in occupation even though term of the lease has come to an end
what does it mean if the tenancy is contracted out?
landlord and tenant have agreed to exclude the lease from protection of the 1954 act prior to the grant of the lease
CED
Contractual Expiry Date - the date the lease ends
STD
Specified Termination Date - landlord must include a STD in s.25 notice to terminate/take possession
PCD
Proposed Commencement Date - tenant must include a PCD in s.26 request for a new lease
What is a hostile s.25 notice?
Landlord will oppose the tenant’s application for a new tenancy
What is a friendly s.25 notice?
Landlord will NOT oppose the tenant’s application for a new tenancy
what is a s.26 request?
Tenant requesting a new lease
what is a s.25 notice?
Landlord serving a notice to terminate the lease or take possession
what is a s.27 notice?
Tenant serving a notice to terminate the lease without a renewal.