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

By way of background, if a landlord is proposing to dispose of his interest in a building containing flats in relation to which the tenants hold a right to first refusal, the landlord must serve a notice on the leaseholders giving them the opportunity to buy that interest on the terms set out in the notice before offering the interest to any third party. The form of the notice is governed by section 5 of the Landlord and Tenant Act 1987 (LTA 1987). There are five different forms of notice, dependent upon the circumstances of the disposal. LTA 1987, s 5D covers sales not pursuant to a contract. The notice must provide time for the

The Gas Safety (Installation and Use) Regulations 1998 (Gas Safety Regulations 1998), SI 1998/2451, covers the responsibilities of a landlord to ensure that gas appliances, fittings and flues provided for tenants are safe. Any gas appliance owned by the landlord and provided for the tenant’s use is the responsibility of the landlord (Gas Safety Regulations 1998, SI 1998/2451, reg 36). Since 31 October 1998, when the Gas Safety Regulations 1998, SI 1998/2451 came into force, the Gas Safety Regulations 1998, SI 1998/2451, reg 30 provides that no bedroom should contain a gas fire over 14 kilowatts gross input unless it is a room-sealed appliance. Nor should any bedroom contain a gas fire of 14 kilowatts gross input or less, or any instantaneous water heater, unless it is a room sealed

Development of the law Deposits received on or after 6 April 2007 and before 6 April 2012 originally attracted different rules, because the original provisions of the Housing Act 2004 (HA 2004) (which commenced on 6 April 2007) were amended by the Localism Act 2011 (which commenced on 6 April 2012) but were not retrospective. The Deregulation Act 2015 harmonised the position, and the landlord was given a further period of grace of 30 days within which to protect the deposit and serve prescribed information in respect of deposits received on or after 6 April 2012. If they failed to do this, they became liable to the penalty award under HA 2004, s 214 equivalent to

Part III of the Agricultural Holdings Act 1986 (AHA 1986) sets out the requirements for serving notices to quit all or part of an agricultural holding. The landlord’s notice to quit may contain reasons upon which it is given but this is not mandatory. If the tenant is unwilling to accept the notice to quit, Part III makes provision for the tenant to serve a counter-notice, the effect of which is that the notice can then only take effect if the Agricultural Land Tribunal (ALT) in Wales or the First-tier Tribunal (Property

It is an essential feature of a lease that the landlord grants exclusive possession to the tenant for the term. See Practice Note: Leases and licences of land—key features and differences. Until the lease ends, the landlord has no right to enter the demised premises,

Statute limits a landlord’s right to forfeit (this includes service of a section 146 notice) a long residential lease of a dwelling for non-payment of: • rent • service charge, or • administrative charge See Practice Note: Statutory limitations on the landlord’s right to forfeit a long residential lease. For these purposes, 'dwelling' has the same meaning as in the Landlord and Tenant Act 1985: 'a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it.' See Commentary: Restriction on termination of residential

Under section 5(3)(e) of the Housing Act 1988 (HA 1988) a statutory periodic tenancy is on same terms as the fixed-term tenancy it replaces. However, a landlord can increase the rent on service of a notice under HA 1988, s 13. The notice must be in the prescribed form (Form 4 in the Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations, SI 2019/915, as amended by the Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2016, SI 2016/443). This does not affect the right of the landlord