Property Law 10 - Time

Question 1

When is the contractual expiry date of a term of 10 years from and including 29 September 2010?

Answer 1

28 September 2020

Question 2

When is the contractual expiry date of a term of 6 months from and including 31 December 2010

Answer 2

30 June 2010 (there are only 30 days in June - so runs to end of the month).

Question 3

When is the contractual expiry date of a term of 1 month from 30 January 2021 (not a leap year)

Answer 3

28 February (goes to the end of the following month)

Question 4

What are the tenants options if served with a s.146 notice for a breach of repair covenant and the lease is protected?

Answer 4

IF (the lease is covered by Leasehold Property (Repairs) Act1938 act if the following applies)

• the lease is for a term of seven years or more; and
• there are at least three years of the term left to run;

the tenant has 28 days to serve a counter-notice. This means that the landlord must get leave from the court before proceeding.

The landlord must advise the tenant of these rights in the section 146 notice.