Termination of lease

Question 1

Meaning of ‘Security of tenure’

Answer 1

Cannot use common law termination methods

Question 2

Terminate a lease under common law?

Answer 2

1. Effluxion of time
2. Notice to Quit
3. Surrender

Question 3

When does 1954 Act apply?

Answer 3

• tenant
• occupy for
• business purpose

Question 4

How many ways to terminate under 1954 Act?

Answer 4

7

Question 5

Ways to terminate under 1965 Act?

Answer 5

1.s25 (grant new or oppose by landlord)

2. S26 (tenant to renew lease)
3. S27 (tenant to terminate lease)
4. Forfeiture (clause)
5. Surrender
6. For periodic tenancy – tenant gives landlord notice to quit
7. Fixed term lease- just leave

Question 6

s25 notice

Answer 6

• landlord –> tenant
• new lease/oppose renewal on s30 grounds
• 6-12 month notice

Question 7

s26 notice

Answer 7

• tenant –> landlord
• 6-12 month notice
• renew tenancy
• landlord has 2 months to oppose (leave it to courts discretion)

Question 8

s27 notice

Answer 8

• tenant –> landlord
• tenancy end
• 3 months written notice or just leave

Question 8

Tenant wants tenancy to end ON contracted end date?

Answer 8

s27 notice (3 month written notice or leave)

Question 9

Tenant wants tenancy to end AFTER contracted end date?

Answer 9

S27 notice or surrender lease

Question 10

Tenant wants tenancy to STAY AFTER contracted end date?

Answer 10

Stay in property + wait for landlord to serve s25 or serve s26 notice

Question 11

Grounds of opposition?

Answer 11

s30

a) Failure to repair by tenant
b) Tenants persistent delay in rent payments
c) Tenants substantial breach of other obligations
d) Landlord offered alternative accommodation
e) Tenant is underletting of part
f) Landlord intends to demolish or reconstruct
g) Landlord intends to occupy for own business/residence

Question 12

Mandatory grounds of opposition?

Answer 12

• d + f+ g
• offered alternative accom
• intend to renovate/deconstruct
• owned for at least 5 years + occupy for own business use