Tenants Notices Flashcards
What are the primary notices a tenant can serve?
- Section 26
- Section 27
What is a Section 26 Notice?
Used by tenant to initiate lease renewal after contractual term has ended
What is the notice period of a section 26 notice?
6-12 months before proposed start date of renewal lease
Who can serve a section 26 notice?
Tenants with original term of more than 1 year
When must a landlord respond to a Section 26 Notice?
Within 2 months if opposing renewal
What is the effect of a Section 26 notice?
Locks out ability to serve or receive s25/s27 notices
Why would a tenant serve section 26 notice?
- Wants certainty
- Wants to reduce rent
What is a Section 27 Notice?
Used by tenant to formally terminate protected lease after expiry
What is the Section 27 notice period?
At least 3 months’ notice
What is the earliest termination of a Section 27 notice?
No earlier than end of contractual term
What is the mutual exclusivity rule?
Once any of the s25, s26 or s27 notices are served, no other type of notice can be served
Is the Tenant obliged to serve s27 if leaving at end of the term?
No, but its good practice
