Q&As

A landlord wishes to recover possession of a commercial property where the tenant has remained in occupation since the expiry of its lease on 2 August 2018. A periodic tenancy may have arisen as the tenant has paid service charge, but not rent. Can a section 25 notice be served giving six months' notice from the date of the notice, or must the expiry of the notice correspond with the end of the contractual term (ie August 2022)? As the landlord wishes to recover possession to sell the property, can it oppose the grant of a new tenancy on the grounds either that it requires the premises for itself or that the property is to be redeveloped?

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Published on LexisPSL on 26/03/2021

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A landlord wishes to recover possession of a commercial property where the tenant has remained in occupation since the expiry of its lease on 2 August 2018. A periodic tenancy may have arisen as the tenant has paid service charge, but not rent. Can a section 25 notice be served giving six months' notice from the date of the notice, or must the expiry of the notice correspond with the end of the contractual term (ie August 2022)? As the landlord wishes to recover possession to sell the property, can it oppose the grant of a new tenancy on the grounds either that it requires the premises for itself or that the property is to be redeveloped?

A landlord wishes to recover possession of a commercial property where the tenant has remained in occupation since the expiry of its lease on 2 August 2018. A periodic tenancy may have arisen as the tenant has paid service charge, but not rent. Can a section 25 notice be served giving six months' notice from the date of the notice, or must the expiry of the notice correspond with the end of the contractual term (ie August 2022)? As the landlord wishes to recover possession to sell the property, can it oppose the grant of a new tenancy on the grounds either that it requires the premises for itself or that the property is to be redeveloped?

It appears that in this scenario the original fixed term lease, which expired on 2 August 2018 was contracted out of the provisions of Part II of the Landlord and Tenant Act 1954 (LTA 1954), as were those provisions to apply there would be a statutory continuation of the

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