Q&As

Where a landlord serves a hostile section 25 notice specifying both compensatory and non-compensatory grounds of opposition following which the tenant vacates without issuing proceedings, can the tenant subsequently seek a declaration regarding the validity of the non-compensatory grounds of opposition and its entitlement to statutory compensation?

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Published on LexisPSL on 30/07/2021

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

  • Where a landlord serves a hostile section 25 notice specifying both compensatory and non-compensatory grounds of opposition following which the tenant vacates without issuing proceedings, can the tenant subsequently seek a declaration regarding the validity of the non-compensatory grounds of opposition and its entitlement to statutory compensation?

Where a landlord serves a hostile section 25 notice specifying both compensatory and non-compensatory grounds of opposition following which the tenant vacates without issuing proceedings, can the tenant subsequently seek a declaration regarding the validity of the non-compensatory grounds of opposition and its entitlement to statutory compensation?

Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to statutory financial compensation for the disturbance to their rights of security of tenure where:

  1. the landlord relies on one or more ‘no fault/compensation grounds’; and

  2. one of the three compensation cases under LTA 1954, s 37(1A)–(1C) applies

For a detailed guidance regarding the three compensation cases, see entitled Practice Note: Statutory compensation under the Landlord and Tenant Act 1954 under sections The first compensation case, The second compensation case, and The third compensation case.

In the event that the landlord specifies a combination of compensation and non-compensation

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