Landlord and Tenant

Question 1

What is a Section 27 Notice

Answer 1

Under the LTA 1954 a tenant can serve a section 27 notice to bring the tenancy to an end

Question 2

What is a Section 25 Notice?

Answer 2

A Notice serviced by the landlord on the tenant to either terminate the tenancy or offer a new tenancy on different terms.

Question 3

If a landlord wishes to terminate a tenancy under a Section 25 Notice, on what grounds can they oppose a new lease

Answer 3

The landlord can oppose a tenancy on the following grounds:-

1. Failure to repair
2. Persistent delay in paying rent
3. Substantial breach of other obligations
4. Alternative accommodation
5. Subletting of part, where higher rent be obtained by single letting of whole
6. Landlords intention to demolish or reconstruct which cannot reasonably be done without obtaining possession.
7. Landlords intention to occupy the holding for their own business / residence

Question 4

What is a Section 26 Notice and how should it be served (and in what notice period?)

Answer 4

A tenant may initiate a Section 26 Notice to request a new tenancy.

Service needs to be in a form prescribed by the Court

Form needs to be submitted between 12 to 6 months of the tenancy coming to an end.

Question 5

How should a Section 27 Notice be served?

Answer 5

There is no prescribed form of Section 27 Notice

Question 6

What two ways can you contract out of the 1954 Act?

Answer 6

1. Statutory declaration signed by a solicitor

2. Simple declaration that has 14 Day cooling off period

Question 7

What is the difference between a lease and a licence?

Answer 7

A lease is a right to exclusively occupy premises, a licence is right to use premises.

Question 8

What is a calderbank letter

Answer 8

is an offer of agreement between parties to achieve resolution without costly fee escalation

Question 9

What needs to be included in a section 25 Notice

Answer 9

Name and Address of Landlord and tenant
Address of the property
Notice of the date to end tenancy (a hostile or friendly notice)
Confirmation whether a new lease is to be opposed or granted
Confirmation of date when response is required
Proposals for new tenancy
If hostile notice grounds for opposition must be included
Strong recommendation to seek professional advice

Question 10

What are the implications of the Landlord and tenant Act 1995?

Answer 10

Abolishes privity of contract and brings in AGA (authorised Guarantee Agreement)
Section 17 needs to be served within 6 months.