Implications of security of tenure

Question 1

What happens at the end of the contractual term in relation to a non-protected tenancy?

Answer 1

The tenant has no right to occupy beyond the contractual term. If the landlord has notified the tenant that it requires possession at the end of the contractual term, if the tenant continues to occupy, the landlord may treat them as a trespasser and recover possession.

Question 2

What happens at the end of the contractual term in relation to a protected tenancy?

Answer 2

The tenant has a right to stay in occupation. This is known as holding over.

The landlord cannot evict the tenant, and the tenant’s occupation can only be brought to an end by certain methods allowed by the LTA 1954.

Question 3

How can a landlord bring a protected tenancy to an end?

Answer 3

Forfeit - this can apply where there has been a breach of the tenant’s covenants and the lease allows this.

Service of a section 25 notice - This may indicate an intention to recover the premises or offer a renewal lease.

Question 4

How can a tenant end a protected tenancy?

Answer 4

1. Vacate the premises at the end of the contractual term.
2. Surrender the lease with the landlord’s agreement.
3. Serve a notice to quit in relation to a periodic tenancy
4. Serve a section 26 notice to request a new tenancy
5. Serve a section 27 notice to leave the premises.

Question 5

What methods can be used for a tenant to end a non-protected tenancy?

Answer 5

Surrender and notice to quit.