#10230 - Security Of Tenure Leases Model Answer - Property Law and Practice

If TENANT (Mini Mee) doesn’t want to renew

If Mini Mee wishes to exercise its statutory right to renew under the Landlord and Tenant act 1954 (“the Act”), it must do so by serving notice on Dexter using form LT3 under s26 of the Act. This must be served no less than six nor more than 12 months before the termination stated in the lease and in any event cannot have a termination date that is earlier than the contractual termination date.

Clause 1.1 (Definitions) defines “Term”. The Term will end ten years from and including 24 of June 2010 thus, it expires midnight 24 June 2020. Accordingly, it is too early [late] to serve notice on Dexter. The earliest date Mini Mee can serve notice is 25 June 2019 and the latest is 25 December 2019. Mini Mee is within [or not] the date in which it can serve notice on Dexter.

If Dexter wishes to oppose Mini Mee’s application for a new lease, it must serve a counter notice under s30 by using Form LT8A within two months of service of the s26 notice. Mini Mee would therefore have to wait until the expiry of this period before it knew for certain the Dexter indeed did not intend to oppose the application to renew.

NB

• Clause 12 – Tenant can’t get compensation under LTA 54 if Landlord terminates lease

• This clause becomes void if Mini Mee is in occupation for more than 5 years???

• Subtenants have contracted out REMEMBER TO PUT THE CLAUSE

Security of Tenure s.25

If LANDLORD (DEXTER) doesn’t want to renew

If Dexter wishes to exercise the statutory right to terminate the lease under the Landlord and Tenant act 1954 (“the Act”), it must do so by serving notice on Mini Mee using form LT2 under s25 of the Act and stating the statutory grounds under s.30 LTA1954 on which he intends to rely on

[(a)T failure to pay,

(b) persisting delay in paying rent,

(c) substantial breaches of other obligation,

(d) Alternative Accommodation,

(e) Sub-letting of part where higher rent can be obtained and

(f)LL intends to demolish or reconstruct and could not reasonably do so without obtaining possession].

This must be served no less than six nor more than 12 months before the termination stated in the lease and in any event cannot have a...