See Practice Note: Periodic tenancies which states: 'A periodic tenancy is a tenancy that can be created either by express agreement or by inference. The period of the tenancy will usually be the period by reference to which rent is reserved, rather than when it is payable.' HA 1988, s 21(4)(b) states that the date specified in the notice

When a lease does not have the protection of the Landlord and Tenant Act 1954 (LTA 1954), by virtue of the parties to it having complied with the requirements of LTA 1954, s 38A, then when the contractual terms comes to an end, unless a further relationship of landlord and tenant can be shown to have arisen or been agreed, the tenant’s right to occupy the premises comes to an end. See Practice Note: Periodic tenancies. If a tenant continues in occupation without permission once the contractual term has come to an end, he becomes a tenant at sufferance. In some respects, this is a misnomer because he is there without the agreement of the landlord and is in reality, a little more than a trespasser who can be

An assured shorthold tenancy (AST) is a type of assured tenancy. The concept of the assured tenancy was created by the Housing Act 1988 (HA 1988). HA 1988, s 1(1) sets out the conditions which must be satisfied for a tenancy to be an assured tenancy: 'A tenancy under which a dwelling-house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as— • the tenant or, as the case may be, each of the joint tenants is an individual; and • the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and • the tenancy is not one which, by virtue of subsection (2) or subsection

The effect of serving a notice by the tenant under the Leasehold Reform Act 1967 (LRA 1967) differs considerably from the effect under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). Although a landlord can serve what is known as a ‘Notice in Reply to the Tenant’s Notice of Tenant’s Claim’ under LRA 1967, Sch 3 Pt II, para 7, it does not have to. Such notice must be in the form which is prescribed (currently Form 3 in the Leasehold Reform (Notices) Regulations 1997, SI 1997/640, Sch) . Under LRA 1967, the landlord’s notice in reply (if given) must be served within

Under section 26(4) of the Landlord and Tenant Act 1954 (LTA 1954), a tenant may not serve a s 27 notice after it has made a s 26 request for a new tenancy. Nor can it make a s 26 request after serving a s 27 notice: '(4) A tenant's request for a new tenancy shall not be made if the landlord has already given notice under the last foregoing section to terminate the current tenancy, or if the tenant has already given notice to quit or notice under the next following section; and no such notice shall be given by the landlord or the tenant after the

We refer you to Practice Note: LTA 1954 business lease renewal—termination under the section headed ‘Section 26—landlord's counter-notice’ which explains that on receiving a section 26 notice (section 26 of the Landlord and Tenant Act 1954 (LTA 1954)) from

Certain tenants of long leasehold houses who have owned the property for at least two years have a statutory right under the Leasehold Reform Act 1967 (LRA 1967) to acquire the freehold (and any intermediate leasehold interests). See Practice Note: Guide to the right to enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967 (LRA 1967). The right is exercised by serving a notice of claim under LRA 1967, s 5. See Practice Note: Guide to the right to enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967 (LRA 1967). By LRA 1967, s 9(3), where the amount of the purchase price payable, or likely to be payable, has been

A tenancy which is being continued pursuant to section 24 of the Landlord and Tenant Act 1954 (LTA 1954) will not determine automatically if the tenant subsequently vacates the property. In order to determine the continuation tenancy, the

You have asked: • where a tenant that was holding over following the expiry of a the Landlord and Tenant Act 1954 (LTA 1954)-protected tenancy granted a lease to a third party without landlord's consent and in breach of the alienation provisions in the lease, can the Landlord serve a notice pursuant to LTA 1954, s 24(3) on the tenant to terminate the lease? What is the status of the sub-letting and what steps could the landlord take to recover possession from the sub-tenant? • can a landlord serve a notice under LTA 1954, s 24(3)(a) where the tenant granted a sub-tenancy

By section 212(9) of the Housing Act 2004 (HA 2004), references to a 'landlord' in HA 2004, Pt 6, Ch 4 in relation to any assured shorthold tenancy (AST) include references to a person or persons acting on their behalf in relation to the tenancy. Hence, as it appears that the management company was acting on behalf of the landlord and presumably was paid the deposit and failed to protect it, then the references

This Q&A considers the distinction between the landlord’s interest in the reversion to a lease and the interest in the freehold out of which it has been created. It also raises the issue of a tenant’s liability for dilapidations on the coming to an end of the lease. Most commercial and many long residential leases of property impose liabilities upon the tenant in respect of the condition of the demised premises. The key issue is the construction of the relevant covenants in the lease as to the extent of those obligations and the times at which they must be performed. By way of example, the obligation to keep the roof in repair will likely be construed: as soon as the roof is in disrepair, there is a breach. On the other hand, there might

It is commonly the case that a commercial lease will contain a provision requiring the tenant to keep the premises in a good state of repair, or to put the premises into the state of repair that they were in at the time of the tenancy, or some other formulation. A lease is, fundamentally, a contract agreed between landlord and tenant, subject to various statutory interventions, but it is open to the parties broadly speaking to agree such terms as they choose in respect of the standard of repair of premises. A reversionary lease is a lease which takes effect immediately upon the expiry of the term of an earlier lease. There are various reasons why