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Termination of a Lease (Termination by (Expiry, Notice to Quit
Notice…
Termination of a Lease
Termination by
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Notice to Quit
- Notice requirements
- Residential tenancies – notice of termination
Forfeiture
- S. 14 notice / relief from forfeiture
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Notice to Quit
When a notice to quit served receiving party given notice of he fact that the leasehold arrangement will terminate in the specified period of timeCommon law requires hat periodic tenants would give period of notice equivalent to period of heir tenancy
- Weekly periodic tenant= 1 week's notice
- 1 month= 1 month notice
- Yearly- 1/2 year
s16(3) Housing Act 1992- introduced statutory minimum notice period
- minimum 4 weeks written notice provided to tenant of a 'house' that is held on a weekly tenancy
LL can waive notice
- Service of fresh notice to quit
- Demand for rent that has become due after expiry of notice period
- acceptance of rent that hs become due after expiry of notice period
Part 5 and 6 Residential Tenancies Act 2004
Private residential tenancies can be terminated only by 'notice of termination'
- Within first 6 months both LL and tenant can terminate residential tenancy without cause on teh service of at least 28 days' notice
- After first 6 months, tenant becomes wntitled to 3 and a half years of secuirty of tenure, during which LL can only terminate tenancy on particular grounds
Once initial 6 months expired, LL may only terminate a residential tenancy for the following reasons
- Non compliance with obligations
- LL selling property and in position to enter an enforceable agreement within 3 months
- LL acquires the dwelling for own occupation or for member of his family to occupy
- LL intends to substantially refurbish or renovate dwelling and has required planning permission
- LL intends to change the use of the dwelling and any required PP
- tenant hs engaged in anti-social behaviour, or conduct 'threatening to the fabric of the dwelling or property containing the dwelling- notice period= 7 days
Forfeiture
If lease is forfeited, LL retakes possession of land and ends the tenants exclusive possession and, as a result, his leashold entitlement
- Equitable principle, limited to exceptional situations
a) disclaimer of LL's title
b) breach of condition in the lease
c) Breach of covenant in lease provided the covenant allows for forfeiture as a result of breach
S14 notice- required by Conveyancing Act 1881
- only limited number of situationsin which no s14 notice to be served
- forfeiture for non-payment of rent= most prominent
Relief from forfeiture
- Could be granted under either s14 of Conveyancing Act 1881 or by means of an equitable remedy, such an as injunction
- If physical re-entry taken place, this relief can be applied for in its own right, or it can form part of a defense to possession proceedings where they are taken
s14(2) Conveyancing Act 1881 provides that the HC may grant relief from a forfeiture follwoing s14 notice haivng regard to the proceedings and conduct of the parties
Merger
One cannot be LL and tenant of same piece of land
- means that if a enant becomes owner of LL's estate, merger generally occurs
- Where LL or tenant receives other's estate in their capacity and LL and tenant and not e.g. as mortgagee
Surrender
Immediate transfer of tenant's interest to the LL and results in termination of lease
- Means of deed or by act or operation of law
Ejectment
3 situations in which ejectment can take place
- lease has been forfeited but possession can not be peacably retaken
- rent is one or more years in arrears although 6 months must elapse from date of service of the ejectment order (s52 Deasy's Act)
-Result of Overholding