Q&As

A tenant took an assignment of an LTA 1954 statutory continuation tenancy lease. An unopposed section 25 notice was served, but the notice did not contain a schedule of proposed terms. Neither party made an application to court before the section 25 notice expired. The tenant has paid rent since the notice expired (a couple of months ago). What is the status of the tenant?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 05/07/2018

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 tenant took an assignment of an LTA 1954 statutory continuation tenancy lease. An unopposed section 25 notice was served, but the notice did not contain a schedule of proposed terms. Neither party made an application to court before the section 25 notice expired. The tenant has paid rent since the notice expired (a couple of months ago). What is the status of the tenant?

A tenant took an assignment of an LTA 1954 statutory continuation tenancy lease. An unopposed section 25 notice was served, but the notice did not contain a schedule of proposed terms. Neither party made an application to court before the section 25 notice expired. The tenant has paid rent since the notice expired (a couple of months ago). What is the status of the tenant?

Subsection 25(8) of the Landlord and Tenant Act 1954 (LTA 1954) provides that a notice under section 25 which states that the landlord is not opposed to the grant of a new tenancy to the tenant shall not have effect unless it sets out the landlord’s proposals as to the property to be comprised in the tenancy, the rent payable under the new tenancy, and the other terms of the new tenancy. In this Q&A it appears that the third of those obligations has been omitted

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