Q&As

A Landlord and Tenant Act 1954 protected lease is due to expire in seven months’ time. The tenant has sublet without the landlord’s consent and the subtenant has carried out works to the premises, also without consent, which the landlord requires to be reinstated. The landlord does not want either the tenant or subtenant to be able to claim a new lease. Should the landlord serve section 25 notices on both the tenant and subtenant, how should the landlord protect its position?

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 25/05/2017

The following Property Q&A produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • A Landlord and Tenant Act 1954 protected lease is due to expire in seven months’ time. The tenant has sublet without the landlord’s consent and the subtenant has carried out works to the premises, also without consent, which the landlord requires to be reinstated. The landlord does not want either the tenant or subtenant to be able to claim a new lease. Should the landlord serve section 25 notices on both the tenant and subtenant, how should the landlord protect its position?
  • Forfeiture
  • Notice pursuant to the Landlord and Tenant Act 1954
  • Injunction

A Landlord and Tenant Act 1954 protected lease is due to expire in seven months’ time. The tenant has sublet without the landlord’s consent and the subtenant has carried out works to the premises, also without consent, which the landlord requires to be reinstated. The landlord does not want either the tenant or subtenant to be able to claim a new lease. Should the landlord serve section 25 notices on both the tenant and subtenant, how should the landlord protect its position?

There are various ways for a landlord to end a tenancy which is protected by the Landlord and Tenant Act 1954 (LTA 1954). These are set out below.

Forfeiture

The usual way to end a tenancy protected by LTA 1954 is via the mechanisms provided in LTA 1954 which involve serving notices (see below). Other possibilities exist however. LTA 1954 specifically permits ending a tenancy by other common law methods such as forfeiture.

In this Q&A the tenant has sublet without landlord consent and that the unlawful subtenant has carried out works to the premises, also without consent. We assume from this that consent was a requirement of the lease for both subletting and alterations. If so, and (a) the lease reserves to the landlord the right to forfeit for breach of lease covenant, (b) the right to forfeit has not been waived and (c) the

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