Q&As

If a tenant occupies pursuant to a lease which is outside the security of tenure provisions of the Landlord and Tenant Act 1954, does the landlord have to give the tenant any notice to vacate the property at the end of the term or should the tenant automatically leave the property?

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Published on LexisPSL on 10/01/2018

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

  • If a tenant occupies pursuant to a lease which is outside the security of tenure provisions of the Landlord and Tenant Act 1954, does the landlord have to give the tenant any notice to vacate the property at the end of the term or should the tenant automatically leave the property?

If a tenant occupies pursuant to a lease which is outside the security of tenure provisions of the Landlord and Tenant Act 1954, does the landlord have to give the tenant any notice to vacate the property at the end of the term or should the tenant automatically leave the property?

The starting point is that where ‘property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him or for those and other purposes’, the tenancy will have the protection under section 23(1) of the Landlord and Tenant Act 1954 (LTA 1954). Subject to any right of forfeiture, surrender or service of notice to quit by a tenant, the tenancy can only be brought to an end in accordance with the LTA 1954, s 24(1). The main consequence of this is that when the contractual term comes to an end, then for as long as the premises are occupied by the tenant for the purposes of

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