Q&As

Where a landlord has served an opposed section 25 notice, can a tenant vacate early by serving a section 27 notice or negotiating an agreement to surrender? If so, does the agreement to surrender need to be contracted out and can it include a sum for dilapidations liability?

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Published on LexisPSL on 09/06/2016

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

  • Where a landlord has served an opposed section 25 notice, can a tenant vacate early by serving a section 27 notice or negotiating an agreement to surrender? If so, does the agreement to surrender need to be contracted out and can it include a sum for dilapidations liability?
  • Contractual term
  • Agreement to surrender
  • Dilapidations liability

Where a landlord has served an opposed section 25 notice, can a tenant vacate early by serving a section 27 notice or negotiating an agreement to surrender? If so, does the agreement to surrender need to be contracted out and can it include a sum for dilapidations liability?

Contractual term

Whether the tenant would be held to the expiry of the notice served under section 25 of the Landlord and Tenant Act 1954 (LTA 1954) would depend firstly on whether or not the contract term has already expired.

If the contractual term has not already expired and will expire on a date which allows the tenant sufficient time to vacate, the tenant does have the option of simply delivering up possession on the contractual expiry date under LTA 1954, s 27(1A). Hill and Redman's Law of Landlord and Tenant, B Security of tenure, 3 Termination of tenancies observes at paragraph 29:

'Provision has to be made to prevent these three procedures (that is s 25 notices, s 26 requests and notices under s 27) clashing with each other. A landlord cannot give an s 25 notice after the tenant has requested a new tenancy under s 26. A tenant cannot make an s 26 request if the landlord has given an s 25 notice, or the tenant has

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