Q&As

Does the right to double value under section 1 of the Landlord and Tenant Act 1730 apply where the landlord has served notice to end a residential common law tenancy under a break clause, rather than at the end of the term?

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Published on LexisPSL on 25/02/2021

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

  • Does the right to double value under section 1 of the Landlord and Tenant Act 1730 apply where the landlord has served notice to end a residential common law tenancy under a break clause, rather than at the end of the term?

Does the right to double value under section 1 of the Landlord and Tenant Act 1730 apply where the landlord has served notice to end a residential common law tenancy under a break clause, rather than at the end of the term?

This question raises the application of the Landlord and Tenant Act 1730 (LTA 1730) to modern tenancies. Although often overlooked by parties to a lease as well as practitioners, LTA 1730, s 1 remains in force even though it was enacted almost 300 years ago. It applies where the landlord has demanded possession. To that extent, it is the corollary of the Distress for Rent Act 1737 which requires payment of double rent where the tenant gives notice to quit and fails to leave once it has expired.

The situation is not helped by the fact that LTA 1730, s 1 uses the language of its time. It is a

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