Q&As

What is a tenant’s occupational status when they failed to issue proceedings before expiry of a section 25 notice, but remained in occupation and paying rent afterwards?

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Published on LexisPSL on 11/01/2016

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

  • What is a tenant’s occupational status when they failed to issue proceedings before expiry of a section 25 notice, but remained in occupation and paying rent afterwards?

What is a tenant’s occupational status when they failed to issue proceedings before expiry of a section 25 notice, but remained in occupation and paying rent afterwards?

Our Q&A My client was a tenant under a lease for a term of ten years that was contracted out. They have been in occupation for a further year since the lease should have expired. The landlord only began corresponding with my client with a view to formalising the current arrangement and negotiating terms of occupation eight months following the lease term expiration date. The rent was payable in advance, for a peppercorn (if demanded). No rent has been paid or demanded. Under LTA 1954, s 43(3) leases less than six months cannot have security of tenure. Can I infer that anything beyond six months

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