LTA / SoT

Question 2

What are the options for T to end lease under LTA 1954?

Answer 2

Surrender (agree)

Cease to be in occ at end (move out on end)

Periodic: 1 period notice

Fixed-term: s27 3 months notice provided 3m doesn’t end before CED

grant new lease: s26 notice on LL to end current and start new

Question 3

What are LL options for ending lease early under nLTA 1954?

Answer 3

Surrender (requires agreement)
Forfeit (only possible if breac; Rent = 21 days or s146 notice)
FT: serve s25 notice on T

Question 4

Who serves s25 notice and what are the notice requirements?

When must the notice be served?

Answer 4

Ll serves it to terminated a periodic or FT tenancy or end the current one and grant a new lease.

s25 notice must state:

a) date Ll wants T to end - cannot be earlier than contractual expiry date (but remember LL DOES NOT HAVE THE RIGHT TO END PERIODIC Ts BY SERVING NOTICE)

b) if opposing renewal, state s30 grounds relied on or if granting new lease, the terms of it

Must be served b/w 6 and 12 months of the proposed termination date

Question 5

What can t do on reciept of a LL s25 notice?

Answer 5

If they don’t want to renew lease, accept notice and vacate by termination date specified.

if want to renew lease, and LL opposing renewal, apply to court for a new lease
a) by the renewal date ; and
b) before s25 notice expires - otherwise lose your right.

if you want to renew and LL not opposing then don’t need to anything provided that the lease will be agreed by the proposed termination date/agreed extension, otherwise apply to court to ensure you don’t lose your right.

Question 6

Who serves a s26 notice?

Answer 6

tenant serves s26 request to end current lease and request a new one. It must state:

• date R wants new T to begin
• proposals for new tenancy
• serve on LL b/w 6 and 12 months of the date they want the new T to start which cannot be earlier than the contractual expiry date.

Question 7

If the T wants to end a FT tenancy and doesn’t want a new lease to be granted what should they do?

Answer 7

Serve 3 months written notice on LL provided they have been in occupation for at least 1 month.

Question 8

s30 grounds - mandatory?

Answer 8

Occupation if held interest for at least 5 years; firm and settled intention; practical steps have been taken to occupy; reasonable prospect of achieving intention
Alternative Acom : offered T aa which is suitable to T needs and on reasonable terms
Demolition: intent to demolish or so substantial works and cannot reasonably do so without obtaining possession.

Question 9

s30 discretionary grounds?

Answer 9

Breaches of T covenants: ground satisfied and tenancy ought not be granted

failure to repair
persistently late in paying rent
underletting of part
substantial breach of other obligations