Property Law 10 - termination

Question 1

What are the methods of terminating leases?

Answer 1

• Effluxion of time
• Surrender
• Notice to Quit
• Merger

Question 2

What is Effluxion of time

Answer 2

• the end of the tenancy

Question 3

What happens if a tenant stays after the lease runs out with the Landlord’s permission?

Answer 3

• If the landlord consents to an unprotected tenant remaining in occupation, the tenant is not holding over, but would be treated as a ‘tenant at will’.

Question 4

What happens if a tenant stays after the lease runs out with the Landlord’s permission and the Landlord accepts rent?

Answer 4

• If the landlord accepts rent, then the tenancy at will may be converted to a periodic tenancy and, if otherwise qualify, will acquire security of tenure.

Question 5

Notice to quit - unless the contract says otherwise, what is the period in which a notice to quit must be given?

Answer 5

Weekly – four weeks (residential) or one week (other tenancies)

Monthly – one month

Quarterly – one quarter

Yearly – six months

Question 6

Which day must a notice to quit be for?

Answer 6

The first day or the last day of the tenancy period

Question 7

Who can issue a notice to quit?

Answer 7

Either the landlord or tenant

Question 8

What happens if a Landlord issues a notice to quit for a protected tenancy?

Answer 8

The notice will only end the periodic tenancy itself. The tenant will be entitled to hold over.

Question 9

How does a Landlord gain control when issueing a notice to quit for a protected tenancy?

Answer 9

Issue a hostile s.25 notice which may also be the notice to quit

Question 10

What is a surrender of a lease?

Answer 10

An agreement by both Landlord and tenant that the lease should come to an end. A premium may be payable by the party that wants to surrender.

Question 11

How can a surrender by effected?

Answer 11

• A surrender by deed
• A surrender by operation of law

Question 12

What is a surrender by operation of law?

Answer 12

A surrender by operation of law arises when the landlord and tenant act in way that is inconsistent with the continuation of the tenancy. For example, the landlord accepts the keys from the tenant with an understanding that the tenant is leaving the premises permanently.

Question 13

What is a merger?

Answer 13

A merger happens when either the tenant acquires the landlord’s superior interest (the opposite to a surrender), or a third party acquires both.