Q&As

A tenant has made a court claim for a new tenancy pursuant to section 24 of the Landlord and Tenant Act 1954 following the service of a section 26 notice. The lease contains a rolling six-month break clause which either landlord or tenant can exercise. Can the landlord serve a break notice on the tenant and what would its effect be having regard to the tenant’s ongoing claim for a new lease?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 16/01/2020

The following Property Disputes Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • A tenant has made a court claim for a new tenancy pursuant to section 24 of the Landlord and Tenant Act 1954 following the service of a section 26 notice. The lease contains a rolling six-month break clause which either landlord or tenant can exercise. Can the landlord serve a break notice on the tenant and what would its effect be having regard to the tenant’s ongoing claim for a new lease?

A tenant has made a court claim for a new tenancy pursuant to section 24 of the Landlord and Tenant Act 1954 following the service of a section 26 notice. The lease contains a rolling six-month break clause which either landlord or tenant can exercise. Can the landlord serve a break notice on the tenant and what would its effect be having regard to the tenant’s ongoing claim for a new lease?

If the landlord serves a purported break notice on the tenant, it will be of no effect on the application for a new tenancy.

Where a fixed term tenancy contains a rolling six-month break clause, the landlord can serve a break notice which will have the effect of terminating the contractual fixed term on the date specified in the notice. However, if the tenancy is one to which the Landlord and Tenant Act 1954 (LTA 1954) applies at that time, the tenancy will continue by virtue of LTA 1954, s 24. This is because the tenancy can only be terminated by a method initiated by the landlord if it is in accordance with the provisions of LTA 1954 (forfeiture (LTA 1954, s 24(2)); LTA 1954, section 25 notice, etc).

If a landlord has not yet exercised a break clause at the time the tenant serves a valid section 26 request, the question arises whether the landlord

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