Q&As

A landlord served an opposed section 25 notice on the basis of persistent failure to pay rent—resulting in significant arrears of rent—and other breaches of lease. The tenant has until June 2020 to issue proceedings. Is the position affected by the Coronavirus Act 2020? The landlord wishes to gain possession as soon as possible.

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 18/05/2020

The following Property Disputes Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A landlord served an opposed section 25 notice on the basis of persistent failure to pay rent—resulting in significant arrears of rent—and other breaches of lease. The tenant has until June 2020 to issue proceedings. Is the position affected by the Coronavirus Act 2020? The landlord wishes to gain possession as soon as possible.

Where a tenant occupies premises for the purpose of carrying out a business, it is likely that, unless the provisions of Part II of the Landlord and Tenant Act 1954 (LTA 1954) have been expressly excluded in the manner required by LTA 1954, the tenant will have security of tenure. LTA 1954, s 24 provides that a tenancy that falls within LTA 1954, Pt II will not terminate by effluxion of time but will continue on a statutory basis until terminated by the landlord or tenant in accordance with the provisions of LTA 1954, Pt II.

A landlord may, pursuant to LTA 1954, s 25, gives to the tenant a notice terminating the tenancy. However, the landlord must state whether or not the

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