A more recent version of these Leases Termination notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
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.
provision in fixed term lease: allowing either party to serve notice during tenancy to bring to premature end.
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.
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 .
- 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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