Q&As

Is a notice served pursuant to the Landlord and Tenant Act 1954 valid, where it has been served prior to actual completion of a lease, but after the proposed commencement date?

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Published on LexisPSL on 16/08/2016

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

  • Is a notice served pursuant to the Landlord and Tenant Act 1954 valid, where it has been served prior to actual completion of a lease, but after the proposed commencement date?
  • Case study

Is a notice served pursuant to the Landlord and Tenant Act 1954 valid, where it has been served prior to actual completion of a lease, but after the proposed commencement date?

Case study

A tenant has been permitted to take occupation of a property prior to completion of a lease. The tenant is not paying rent. The landlord served a 1954 Act statutory declaration and notice on the tenant in October 2015. It is now proposed to complete the lease on the basis that the term commencement and rent commencement dates will be 31st August 2015.

The Landlord and Tenant Act 1954 (LTA 1954) requires that the notice be in the form prescribed and served either at the time which the parties enter into the tenancy, or, if sooner, the date on which the tenant became contractually obliged to do so.

The answer to this Q&A case study will depend on a construction of the facts and when it can be said that the parties agreed that there would be a tenancy. If a lease has a date which is before the date that the declarations were served, on the face of it, the declarations will have been entered into after the commencement of the lease and be ineffective.

Strictly speaking, there is no need to attach the proposed form of lease, and no requirement that the lease must

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