Termination of tenancy

Question 1

Effluxion of time - fixed term

Answer 1

fixed term comes to an end

no notice required

Question 2

Notice to quit - periodics

Answer 2

Common law - one period of tenancy
PEA77 s5 - 4 weeks 
HA88 s8 - NOPP
LTA54 - s25 notice in prescribed form
Expiration of notice terminates tenancy

Question 3

Forfeiture - non payment of rent

Answer 3

Right must be reserved in lease
LL makes formal demand or be exempt
T entitled to relief if pays o/s rent, costs, just & equitable

Question 4

Forfeiture - breach other than rent

Answer 4

Right must be reserved in lease
LL must serve s146 notice
LL must give T time to remedy breach or consider their position
T entitled to apply for relief

Question 5

S146 notice

Answer 5

Must specify breach
If remediable, require it to be
Require payment of compensation (not necessary)

Question 6

Relief from forfeiture - breach other than rent

Answer 6

Cts normally grant if T remedies and willing/able to perform obligations in future
Can grant with conditions
L&T relationship continues under original terms

Question 7

Forfeiture - long leases of dwellings CLRA02

Answer 7

Cant exercise right unless unpaid rent, s/c, a/c exceeds £350 or payable for more than 3 years
Cant serve s146 notice unless cts determined breach occurred or T admits breach
Cant commence proceedings for s/c or a/c unless cts/FTT determined breach occured or charge agreed/admitted by T

Question 8

Express Surrender

Answer 8

By deed s52(1) LPA25

If lease 3 years or less, at best rent without fine, can be in writing and signed by T/agent ss53 & 54(2)LPA25

Question 9

Implied surrender

Answer 9

an unequivocal conduct of the parties which is inconsisent with the continuation of an existing tenancy
Must be an intention of change possession, not just handing over keys

Question 10

Merger

Answer 10

where term of years becomes vested in owner of reversion

Question 11

Disclaimer

Answer 11

Trustee in bankruptcy (individual) or liquidator (company) has power to disclaim onerous property of insolvent - Insolvency Act 1986

Question 12

Frustration

Answer 12

Possibliity acknowledged by decision in Panalpina

No decisions in cts in Eng/Wales yet

Question 13

Repudiation

Answer 13

As result of decision in Panalpina, other contract law doctrines and principles incorporated into L&T relationship
Breaches of fundamental lease terms may allow T to regard agreement as terminated and sue for damamges for loss of lease