Q&As

Does a break right in an expired lease (for either party to terminate the lease on one month’s notice) carry over into the subsequent periodic tenancy?

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Published on LexisPSL on 19/06/2017

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

  • Does a break right in an expired lease (for either party to terminate the lease on one month’s notice) carry over into the subsequent periodic tenancy?
  • Break notices and statutory notices

Does a break right in an expired lease (for either party to terminate the lease on one month’s notice) carry over into the subsequent periodic tenancy?

Practice Note: LTA 1954 business lease renewal—termination provides guidance on this scenario. The position with regard to termination on or after the expiration of the fixed term of a business lease depends upon whether or not it is within the scope of Part II of the Landlord and Tenant Act 1954 (LTA 1954) which governs security of tenure for business tenants. For the purposes of this query, we assume you are referring to a lease with security of tenure under LTA 1954, where the contractual term has now come to an end, and the tenant has remained in occupation for business purposes, holding over.

A business lease within the LTA 1954, automatically continues after the expiry of the contractual term on the same terms if the tenant remains in occupation for business purposes. Either the landlord or the tenant can terminate a business lease, by service of one of the statutory notices of termination. This includes a section 25 notice (LTA 1954, s 25) by the landlord or a section 26 request (LTA 1954, s 26) for a new tenancy, or a section 27 notice (LTA 1954, s 27) from the tenant.

LTA 1954 automatically applies to periodic tenancies. In the

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