Landlords Notices Flashcards
What is a Section 25 notice?
A formal notice served by landlord to bring protected tenancy to an end, and either
a) Propose renewal (friendly)
b) Oppose renewal (hostile) on statutory grounds
What are key rules for termination date under s25?
Must be on or after contractual term end
What is the rule on timing for s25 notice?
Must be served 6-12 months before termination date
What is the form of a s25 notice?
Must followed prescribed statutory form
What is a friendly s25 notice?
Indicates intention to renew lease, proposes rent and key terms for renewal
What is a hostile s25 notice?
Indicates intention to oppose lease on statutory grounds
What is a compensatory ground?
No fault of the tenant – tenant may be entitled to compensation
What is a non-compensatory ground?
Tenant not entitled to compensation
What are the statutory grounds for opposition?
1) Repair breach
2) Rent arrears
3) Other covenants breach
4) Suitable alternative accommodation
5) Redevelopment
6) Landlord intends to occupy
What must landlord provide when showing statutory grounds?
Evidence (i.e. building control, planning permission)
Which statutory grounds are discretionary on landlord’s behalf?
Any type of breach
Which statutory grounds are compensatory for tenant?
Redevelopment and landlord’s intention to occupy
What is the compensation for tenant determined by?
Time in occupation
What are the different years and rates for compensation?
Less than 14 years, 1 x rateable value
More than 14 years, 2 x rateable value
What is rateable value?
Local authority figure for business rates (not market rent)
What must tenant show to qualify for 14-year rate?
Must have taken same business (not just same type)
How long does landlord need to own before they can use the want to occupy reason?
5 years of holding the reversion
If there are more than 2 grounds, should the landlord use both?
Yes, even if one is compensatory, it will not be used if it can pass the other ground
