Procedure Following Notice Flashcards
When can a landlord apply to court after S25?
Any time after service
When can a tenant apply to court after S26?
Only after counter-notice served or 2 months have passed
What is the deadline to apply to court for S25 notice?
Date of termination specified in notice
What is deadline to apply to court for S26 notice?
Day before proposed commencement
Can an extension of deadline be agreed for S25/S26 notice to court?
Yes
What can the court do if lease renewal is uncontested?
Court may fix terms (if parties cannot agree)
What can court do if lease renewal is opposed?
May terminate tenancy if landlord proves a statutory ground
What length of lease can the court approve?
Up to 15 years
What rent could the court approve?
Open market rent
What terms of lease could the court approve?
Based on existing lease and current circumstances
When does court order take effect on new lease for renewal or termination?
3 months + 21 days from date of court order
Does a tenant have a right to revoke court order?
Yes, 14 days if they change their mind
Who can apply for interim rent?
Either party
What is the purpose of interim rent?
To reflect open market rent during hold over
When does interim rent payment start?
From earliest possible date the relevant notice could have taken effect (NOT ACTUAL DATE)
