The Leasehold Property (Repairs) Act 1938 (LP(R)A 1938) applies where there is a fixed term lease of seven years or more, with three or more years remaining. It operates to prevent a landlord from claiming damages or forfeiting a lease without the court's permission, provided that the tenant claims the benefit of the LP(R)A 1938. In either case (whether the landlord seeks damages or forfeiture), the landlord must serve notice under section 146 of the Law of Property

Section 25 of the Landlord and Tenant Act 1954 (LTA 1954) enables a landlord to terminate a tenancy which is protected by the provisions of LTA 1954, Pt II by service of a notice. LTA 1954, s 27 entitles a tenant to give notice not later than three months before the date on which apart from the provisions of LTA 1954, the tenancy would come to an end by effluxion of time, that he does not wish for the tenancy to be continued. In the event that such a notice is given, the provisions of LTA 1954, s 24 do not apply and the tenancy will be determined upon its expiry

Following service of a section 25 notice by a landlord, whether the grant of a new tenancy is opposed or unopposed, either party can immediately apply to the court for the grant of a new tenancy (in the case of the tenant) or the termination of the lease without the grant of a new tenancy (in the case of the landlord). A landlord who opposed the grant of a new tenancy may wish to sit back and wait to see if the tenant protects its

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

The landlord’s position will depend on the measure of loss for breach of the covenants concerned. This is explained in detail in Practice Note: Dilapidations claims at the end of the term but, broadly: • in cases of breach of repairing covenant, the measure of loss at common law is the reasonable cost of works required to remedy the breaches (plus certain other consequential losses). This does not, in itself, turn on whether the works have been done nor, therefore, on the standard of those works. This measure of loss is subject to the statutory cap in section 18(1) of the

Where a landlord has the right to forfeit a lease, the right may be waived. Waiver occurs where the landlord, with knowledge of the tenant's breach, communicates an intention to treat the lease as continuing. See Practice Note: Forfeiture of a lease (under 'Waiver'). Whether there has been a waiver is to be measured objectively. If the landlord has the requisite knowledge of the breach, and then acts in a way consistent only with the continued existence

A notice given by a tenant under section 26 of the Landlord and Tenant Act 1954 (LTA 1954) must be given to the ‘landlord’ as defined by LTA 1954, s 44. For this purpose, landlord means the ‘legal’ owner of an interest satisfying the conditions in LTA 1954, s 44 (ie so that the owner qualifies as the ‘competent landlord’). In the context of registered land, generally, legal ownership of an estate only passes from the transferor to the transferee upon registration of the disposition. Section 27(1) of the Land Registration Act 2002 (LRA

A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the non-payment of rent and other breaches of the lease. There are several ways of structuring

A lease comprises a contract between the landlord and the tenant, and it is, broadly speaking, open to the parties to agree to such terms as they wish. A commercial tenant is ordinarily not protected by consumer law provisions as the contract will be entered into as part of a trade, craft or profession or by an incorporated entity and, as a result, does not qualify as a consumer. However, the freedom of the parties to contract is not unbounded and a clause that is out of the ordinary and which is

A section 25 notice must be in the prescribed form (see Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004, SI 2004/1005) or in a form 'substantially to the like effect'. Where the landlord does not oppose the grant of a new tenancy, Form 1 is to be used and Form 2 is to be used where the landlord opposes the grant

Under section 24(1) of the Landlord and Tenant Act 1954 (LTA 1954), an LTA 1954 lease will continue until terminated in accordance with the provisions of LTA 1954, ie service of a landlord’s section 25 notice, tenant’s section 26 request, or tenant’s section 27 notice (or by way of certain common law methods which remain applicable in the context of LTA 1954). Accordingly, upon service of an opposed or unopposed section 25 notice, the tenancy will continue after expiry of the contractual term as a statutory continuation tenancy. The date at which the statutory continuation tenancy will expire will either be the date specified in the section 25 notice, or 3 months and 21 days after the date on which any unopposed lease renewal proceedings are disposed of. Where a tenant

There are various issues which both the landlord and tenant need to consider in this scenario, according to the exact nature of what it is that the landlord is willing to permit. We are told that underletting is prohibited (and, for present purposes, we assume that this is an absolute prohibition). We are also told that the landlord is happy for the underletting to continue despite this prohibition; again we would assume that it is not the landlord’s intention to forgo the benefit of the