Q&As

Where the contractual term of a Landlord and Tenant Act 1954 protected tenancy expires part way through a quarter (and rent is payable in advance on the usual quarter days), can the landlord demand the full quarter’s rent prior to the contractual expiry date without prejudicing its right to recover possession if the tenant fails to issue proceedings or vacate?

read titleRead full title
Published on LexisPSL on 21/12/2018

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

  • Where the contractual term of a Landlord and Tenant Act 1954 protected tenancy expires part way through a quarter (and rent is payable in advance on the usual quarter days), can the landlord demand the full quarter’s rent prior to the contractual expiry date without prejudicing its right to recover possession if the tenant fails to issue proceedings or vacate?

Where the contractual term of a Landlord and Tenant Act 1954 protected tenancy expires part way through a quarter (and rent is payable in advance on the usual quarter days), can the landlord demand the full quarter’s rent prior to the contractual expiry date without prejudicing its right to recover possession if the tenant fails to issue proceedings or vacate?

A tenancy which has the protection of the Landlord and Tenant Act 1954 (LTA 1954), cannot come to an end unless terminated in accordance with LTA 1954 provisions (LTA 1954, s 24(1)). This means that, provided LTA 1954 applies on the contractual termination date (by the tenant occupying the premises for the purposes of a business (LTA 1954, s 23(1)), the tenancy will continue. A landlord can still bring the tenancy to an end if a right to forfeit the lease has arisen (LTA 1954, s 23(2)), but assuming that not to be the case, the landlord can only bring it to an end by serving a notice under LTA 1954, s 25. Such a notice must specify a termination date falling between six and 12 months after it is given (LTA 1954, s 25(2)). Unless therefore the landlord had already given notice to terminate the tenancy, expressing a date which coincides with the contractual termination date, it will continue for as long as the

Popular documents