Property Law 9 T Notice

Question 1

How can a Tenant bring a protected tenancy to an end?

Answer 1

• simply to vacate the premises at the end of the contractual term
• to surrender the lease with the landlord’s agreement
• for a periodic tenancy, serve notice to quit to bring the tenancy to an end
• serve a section 26 notice to request a new tenancy
• serve a section 27 notice to leave the premises

Question 2

Which notice would a tenant use to renew their held over lease?

Answer 2

section 26 notice

Question 3

Which notice would a tenant use to end their held over lease?

Answer 3

section 27 notice

Question 4

Can more than one notice be issued at the same time?

Answer 4

No

Question 5

What are the conditions for serving a section 26 notice?

Answer 5

• having a protected tenancy,
• must have a lease that originally granted a term of more than one year. (For a tenancy of a year or less, the tenant cannot start the renewal process, although the landlord can with a friendly section 25 notice).
• minimum notice period of six months, and a maximum notice period of twelve months. the notice is expires on the date of the renewal lease.

Question 6

What are the time limits for a landlord in receipt of a section 26 notice?

Answer 6

Has two months from the section 26 notice to serve a counter-notice (ie opposing the grant of a renewal lease).

As with a hostile section 25 notice, the landlord can only do so on one or more of the statutory grounds.

Question 7

What is a section 27 request?

Answer 7

Tennant’s notice to quit.

Question 8

When must a section 27 notice be served?

Answer 8

Must give three months of the intended termination date, which must be no earlier than the date on which the contractual term ends.

Question 9

Once a section 27 notice has been served, can the tenant serve a section 26 notice, or the landlord serve a section 25 notice?

Answer 9

No

Question 10

When is the deadline for the tenant applying to the court in respect of a s.26 notice?

Answer 10

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

Question 11

What is a section 26 notice?

Answer 11

A tenant wants to renew the lease

Question 12

When must a s.26 notice be served?

Answer 12

• commencement date of the new lease must be no less than 6 months and no more than 12 months from the date the request is made.
• old lease continues until the day before the date for the new tenancy in the notice.

Question 13

What is the earliest date that a s.26 notice can request a new tenancy from?

Answer 13

Cannot be before the contract expiry date of your current lease.

(So can issue the notice before the contract expires, but the notice must set the date for the new tenancy to begin after the contract has expired)

Question 14

Can the tenant issue a s.26 notice if the landlord has already issued a s.25 notice?

Answer 14

No

Question 15

What must be included in a section 26 notice?

Answer 15

• prescribed form
• given to the landlord
• sets out tenants proposals including:
  
  • property details
  • rent
  • other terms to be included

Question 16

What must the landlord do on receipt of a s.26 request if they don’t want the tenant to stay?

Answer 16

Serve a counter notice on the tenant the he will oppose an application to the court.

Question 17

When can the tenant first apply to the court in respect of a s.26 notice?

Answer 17

After either:
- the landlord has served a counter-notice, or if not,

• two months have elapsed from the section 26 notice.

But they must apply to the court by the date specified for commencement of the new tenancy that they set in their s.26 notice.

Question 18

When is the deadline for applying to the court in respect of a s.26 notice?

Answer 18

the day before the proposed commencement date of the new lease. The deadline may be extended by the parties agreeing in writing.

Question 19

What are the grounds for denying a tenancy in a s.26 counter notice by the Landlord.

Answer 19

a- repair and maintenance
b- delay in paying rent
c- substantial breaches in obligations
d- LL willing to provide alternative reasonable accommodation*
f- to demolish and reconstruct$
g- LL wants the property himself$

• mandatory - the court has not discretion once proved
  $ compensatory ground

Question 20

Which grounds for opposing a s.26 notice are mandatory?

Answer 20

d- LL willing to provide alternative reasonable accommodation
f- to demolish and reconstruct
g- LL wants the property himself

Question 21

Which grounds for opposing a s.26 notice are compensatory?

Answer 21

e - low rent
f - to demolish and reconstruct
g- LL wants the property himself