Yes. It is not a requirement of section 21A of the Housing Act 1988 (HA 1988) and the Assured Shorthold Tenancy Notices and Prescribed

A landlord may terminate a tenancy to which the Landlord and Tenant Act 1954 (LTA 1954) applies by giving notice in the prescribed form specifying the date at which the tenancy is to come to an end, in line with the provisions of LTA 1954, s 25 (commonly referred to as a section 25 notice). LTA 1954, s 25(2) provides that a section 25 notice will not have effect unless it is given not more than 12 and not less than six months before the specified termination date, meaning that at least six months’

Part II of the Landlord and Tenant Act 1954 (LTA 1954) (LTA 1954, s 23) provides for statutory security of tenure for most business tenancies. As a result, a tenancy does not expire by effluxion of time but continues and either the landlord or the tenant can apply to the court for the grant of a new tenancy. The landlord can terminate the tenancy only through following the procedure as set out in LTA 1954. LTA 1954, s 38 parties cannot contract out of its provisions, save as permitted by LTA 1954, s 38. This allows that the parties can agree that LTA 1954, ss 24–28 do not apply, but such an agreement is void unless the landlord has

Case study A tenancy agreement was originally granted as a fixed term assured shorthold tenancy (AST) for one year, expiring February 2015. The fixed term has now come to an end and a statutory periodic tenancy has arisen. The landlord is concerned that they may be in breach of the requirement to provide prescribed information, are they able to serve a section 21 notice to end the statutory periodic tenancy? How to rent checklist The requirement to serve the document entitled ‘How to rent: the checklist for renting in England, as published by the Department for Housing, Communities and Local Government’ was brought into force by the Deregulation Act 2015 (DA 2015). The changes brought in by this act do not apply to fixed term ASTs granted prior to 1 October 2015, even if they become a statutory periodic tenancy after

We have assumed for the purposes of this Q&A, that there is no deposit retained by the landlord, which could be used to satisfy the arrears. Pursuant to CPR 6.9, where a defendant who is an individual has not provided an address for service, the general rule is that service of a claim form should take place at the usual or last known residence of the defendant. However, CPR 6.9(3) provides that where the claimant has reason to believe that the defendant no

The heart of the question relates to whether the landlord is waiving their right to forfeiture by simultaneously commencing forfeiture proceedings and serving a section 25 notice. Forfeiture may be effected by either peaceable re-entry or the service of court proceedings: the wording in this scenario suggests that the latter is applicable here. The question presupposes that the two actions occur simultaneously: this is unlikely to be the case in reality as the landlord will consciously perform one action either before or after the other. Both their knowledge of events and their timing of steps (and in which order they occur) are likely to be relevant to the issue of waiver. Where a breach of covenant occurs, once the landlord has knowledge of it they must decide whether to determine the lease or allow it to continue (by waiving the breach). The landlord will lose their right to forfeit if they do any act

A provision in a lease of real property to the effect that no acceptance of rent by the landlord shall constitute a waiver of the landlord’s right to forfeit is not effective:

Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides an individual right to a tenant of a flat to acquire a new lease. The right is exercised by service of a tenant’s notice under LRHUDA 1993, s 42 upon the landlord which must, among other things, specify the premium which the tenant proposes to pay in respect of the grant of a new lease (LRHUDA 1993, s 42(3)(c)). The landlord is then required by LRHUDA 1993, s 45 to give a counter-notice. The counter-notice must either admit or not admit the right to acquire a new lease (or in addition, state that the landlord intends to make an application for

We refer you to Practice Note: Landlord and Tenant Act 1987—tenants' right of first refusal which states: ‘The Landlord and Tenant Act 1987 (LTA 1987), Part I gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when he proposes to dispose of it. The right is framed in negative terms, prohibiting the landlord from making a relevant disposal without first serving a notice on the qualifying tenants and requiring that the disposal is made in accordance with the statutory requirements. Those statutory requirements

Property Disputes analysis: In Stemp v 6 Ladbroke Gardens, the court considered the issue of whether a landlord could waive the right to forfeit a lease during the period of statutory moratorium on exercising a right of re-entry or forfeiture, and, accordingly, whether leaseholders were liable for payment of costs incurred ‘in contemplation of forfeiture’. Nicholas Trompeter, barrister at Selborne Chambers, discusses in detail the background of the case and the practical implications of the judgment for practitioners advising landlords.

Where a landlord wishes to oppose the grant of a new business tenancy, he must specify one or more of the grounds set out in section 30(1) of the Landlord and Tenant Act 1954 (LTA 1954), either in any section 25 notice (LTA 1954, s 25) served, or in its counter-notice served in response to the tenant’s section 26 request (LTA

It is possible to grant this type of lease, which is referred to as