Tenant's notices Flashcards
If a tenant wishes to vacate the premises at the end of the contractual term do they need to notify the landlord?
No, regardless of whether it is a protected or non-protected tenancy.
However, it would be good practice to notify the landlord of that intention.
What does it mean that notices are mutually exclusive?
Once one of these notices has been served, the other party cannot serve a different type of notice.
In relation to the section 26 notice, as the tenant is entitled to hold over, why would they want to serve a section 26 notice to renew the lease?
The tenant may want the certainty of a fixed term, particularly if it is planning to carry out improvements, or to assign the lease as part of a business sale.
In a falling market, the tenant may be stuck on a higher than market rent while holding over (particularly if there was a penultimate day rent review) and will want a renewal lease at a market rent.
How long must the contractual term of the lease be for in order for section 26 notice to apply?
The tenant must have a lease that originally granted a contractual 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.
What is the notice period that needs to be given for a section 26 notice?
There is a minimum notice period of six months and a maximum notice period of twelve months. Unlike a section 25 notice, the notice is not to expire on the date of termination, but the proposed commencement date of the renewal lease.
How long does the landlord have to serve a counter-notice?
A landlord has two months to serve a counter-notice. As with a hostile section 25 notice, the landlord can only do so on one or more of the statutory grounds.
When is it appropriate for a landlord to serve a counter-notice?
A counter-notice is only necessary if the landlord wants to oppose the renewal of a lease. They would not serve a counter-notice if the landlord just wants to negotiate different terms.
How much notice must be given in relation to a section 27 notice?
A section 27 notice must give three months of the intended termination date, which must be no earlier than the date on which the contractual term ends.
Does a tenant who intends to leave the premises at the end of the contractual period need to serve any notice?
A tenant who intends to leave the premises at the end of the contractual term need not serve any notice. However, it would be good practice to notify the landlord.
Once the tenant has served a section 27 notice, can thy serve a section 26 notice?
Once a section 27 notice has been served, the tenant cannot serve a section 26 notice, nor the landlord serve a section 25 notice.
