Property Law 9 Remedy

Question 1

What is the maximum length of tenancy the court can grant?

Answer 1

reasonable in all of the circumstances - max 15 years

Question 2

What will be the rent the court will grant

Answer 2

Market rent

Question 3

Who can apply to the court to impose an interim rent?

Answer 3

Either party

Question 4

What is the interim rent based on?

Answer 4

Market rent

Question 5

If granted, When does the interim rent apply from for a s.25 notice?

Answer 5

The earliest date of termination that could have been specified in the landlord’s section 25 notice.

Question 6

If granted, When does the interim rent apply from for a s.26 notice?

Answer 6

the earliest date that could have been specified as the proposed commencement date in the tenant’s section 26 notice.

Question 7

What happens if the tenant is not happy with the terms decided by the court?

Answer 7

• It has 14 days to ask the court to revoke the court order.
• If asked, the court must agree, and
• the tenant will then have no right to renew.

Question 8

If the landlord is opposing renewal (either on s.25 or in opposition to a s.26) what order are they looking for?

Answer 8

order for termination of the existing lease.

Question 9

If the court grants an order for a new lease, or a termination of the existing lease, when will the existing lease come to an end?

Answer 9

Three months and 21 days after the date of the order.

Question 10

Which fixed term tenancies are excluded from security of tenure?

Answer 10

Those under six months unless

• there’s a provision allowing for its extension over 12 months, or
• the tenant has been in occupation for 12 months.

Question 11

Can the grounds be changed once the notice is served?

Answer 11

No

Question 12

Which short term tenancies are protected by the act?

Answer 12

Normally tennancies under 6 months are not protected. However they will be if:

• the lease contains a provision for extending over 6 months, or
• the tenant if it’s predecessor have been in occupation and carrying on the same business for over 12 months.

Question 13

Who can apply to the court to renew/cancel the lease under a section 25 notice?

Answer 13

Either the tenant (to renew) of the Landlord (to cancel).

Question 14

When is the deadline for applying to the court in respect of a s.25 notice?

Answer 14

the deadline for applying being the date of termination specified in the notice.

Question 15

Who is the competent landlord that a s.25/s.26 must be served by/on

Answer 15

The one with more than 14 months left to run (which may not be the immediate landlord).