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Leases Termination Notes

GDL Law Notes > GDL Land Law Notes

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A more recent version of these Leases Termination notes – written by Cambridge/Bpp/College Of Law students – is available here.

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Land: Leases - Termination Effluxion of Time

expiration of fixed-term lease - most common way fixed term leases ends. no notice to quit required. but: tenant may have security of tenure at end of lease. business tenancies: most protected by Part II LTA 1954: may be entitled to new lease if follows certain procedures + time limits. residential tenancies: t. may have right to remain in occupation - Rent Act 1977: private tenancies granted before 15 Jan 1989. Housing Acts 1985: public sector tenancies. Housing Act 1988: private tenancies granted after 15 Jan 1989.

Break Clause

provision in fixed term lease: allowing either party to serve notice during tenancy to bring to premature end.

Surrender

surrender: t. hands back lease to l. with l's consent ? premature termination. can be express or implied. effect on sub-ts: s139 LPA 1925. Merger

t. acquires l's interest: lease absorbed by reversion ? destroyed.

Enlargement

s153 LPA 1925: t. may enlarge lease into fee simple by deed. conditions: original lease term >300 years + unexpired term >200 years. v. rare in practice.

Notice to Quit

- Notice to quit: method for determining periodic tenancy. joint tenants: notice by 1 sufficient - Hammersmith BC v Monk [1991].

- Required period of notice: yearly tenancy: 1/2 year's notice (182 days) ? tenancy expires on anniversary of commencement. quarter day start of tenancy: 2 quarters notice sufficient. (unless agreement to contrary). other periodic tenancies: 1 full period's notice ? tenancy expires at end of complete period. (period tenancies: created expressly or by implication - acceptance of rent referable to a period). dwelling houses: Protection from Eviction Act (PFEA) 1977 (as amended by Housing Act 1988). extra requirements for notice to quit: 4 weeks minimum. in writing, containing prescribed information informing tenant of rights (e.g. security of tenure).

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