Rather than defeating the landlord’s claim, a sale of the property in this scenario will provide some evidence of the landlord’s loss. Damages for disrepair, if the landlord does not intend to carry out the work, may be measured by the diminution in the value of the landlord’s reversion. See Commentary: Damages: Hill and Redman's Law of Landlord and Tenant [3602]. A sale of the property will provide some evidence of the value of the landlord’s

Where a tenant occupies premises for the purpose of carrying out a business, it is likely that, unless the provisions of Part II of the Landlord and Tenant Act 1954 (LTA 1954) have been expressly excluded in the manner required by LTA 1954, the tenant will have security of tenure. LTA 1954, s 24 provides that a tenancy that falls within LTA 1954, Pt II will not terminate by effluxion of time but will continue on a statutory basis until terminated by the landlord or tenant in accordance with the provisions of LTA 1954, Pt II. A landlord may, pursuant to LTA 1954, s 25, gives to the tenant a notice terminating the tenancy. However, the landlord must state whether or

We have assumed that the question relates to a break option in a commercial lease. The House of Lords case of Mannai Investments v Eagle Star Life Assurance Co Ltd established the ‘reasonable recipient’ test in determining whether a mistake in a contractual notice will affect its validity. The objective test, is how a reasonable recipient would understand a notice, taking into account ‘the relevant objective contextual scene’. However, the Mannai test will not ‘save’ a notice which fails to comply with an absolute requirement in a lease regarding the form or content of a break notice. The example given in Mannai, was that if a break

A qualifying tenant of a long leasehold flat is entitled to serve notice requiring that his landlord grant him a 90–year extension to his existing lease by way of a grant of a new lease, at a ground rent of a peppercorn. The tenant must serve notice on the competent landlord (ie the landlord who has the ability to grant the increased term). The notice is served pursuant to section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) and must specify the proposed premium that the tenant wishes to pay to acquire the lease extension. When a section 42 notice is served, the landlord is

One of the grounds upon which a landlord may oppose the grant of a new tenancy under the Landlord and Tenant Act 1954 (LTA 1954) is ground (f): 'that on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised

Section 1 of the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase (among other things) the landlord’s freehold interest when he proposes to dispose of it. These rights only apply to buildings within the definition of LTA 1987, s 1. For more information, see Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987. Selling the freehold interest in the premises which are subject to rights of first refusal requires the landlord to serve a notice under LTA 1987, s 5. In this case, the landlord is serving the notice by auction and so has served

For the purposes of this Q&A it is assumed that: • the breaches of lease are remediable (it is not known what the original breaches of the lease were) • the lease specifies that the landlord’s costs are recoverable for service of the section 146 notice • the section 146 notice is valid and has been correctly served This Q&A deals with the remedies available to a landlord where, following a section 146 notice, the tenant does not allow access for inspection to take place and, further, if the costs associated with the notice are not paid. Inspection While most leases contain a clause which permits a landlord to enter the premises

Section 25 notices A commercial tenancy within Part II of the Landlord and Tenant Act 1954 (LTA 1954) does not simply end when the contractual term expires. Instead, the tenancy continues automatically unless either the landlord or tenant takes certain steps either for the tenancy to be terminated or a new tenancy to be granted in accordance with LTA 1954 (or the lease is forfeited or surrendered). This involves either the landlord serving a section 25 notice seeking to terminate the tenancy or the tenant serving a section 26 notice requesting that a new tenancy be granted to them. A section 25 notice must state whether the landlord opposes granting a new tenancy. There are different prescribed forms which the landlord must use depending on whether they

Is the tenant still entitled to statutory compensation in respect of that part he is giving up? We assume, on the basis that the notice includes a proposal for the grant of a new lease of the ground floor, that the landlord served an unopposed notice. In that regard, we note that you state that the tenant occupies the ground and first floor, but that the first floor is let out under an assured shorthold tenancy. Further consideration

The section 8 procedure contained in the Housing Act 1988 (HA 1988) is designed to enable a landlord to seek an order for possession from the court where one or more of the grounds set out in HA 1988, Sch 2 are made out. There are 17 grounds in total, the first eight of which are mandatory, meaning that if one or more is made out, the court must make an order for possession. The remaining nine grounds are discretionary grounds and therefore the court has

We have assumed that the date specified in the section 25 notice has passed. Where a landlord has served a notice to end a business tenancy under section 25 of the Landlord and Tenant Act 1954 (LTA 1954), and the tenant has issued a claim for a new lease, the tenancy continues in the meantime. This is the result of LTA 1954, s 64, which provides that: ‘(1) In any case where— (a) a notice to terminate a tenancy has been

Case study A landlord serves notice (not in the prescribed form) purporting to terminate an annual periodic assured shorthold tenancy (AST) on its anniversary. That termination date is approximately two months away. The landlord’s notice includes a provision that the tenant must give four weeks' notice if he wishes to vacate before the termination date specified by the landlord. The tenant wants to leave early. The tenant did not pay a deposit. The landlord wishes to enforce this and demand rent if the tenant does not give the specified four weeks’ notice. An annual periodic AST is terminable by the landlord giving notice pursuant to section 21(4) of the Housing Act 1988 (HA 1988) as amended. HA 1988, s 21(4)(a) provides that the landlord must give a notice in writing stating that, after a date specified