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Lease Landlord's Remedies For Tenant Breaches Notes

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Lease Landlord's Remedies For Tenant Breaches Revision

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Work Shop 8 Property Law & Practice

(Lease) Determination of Leases Effluxion of Time P.327




Notice to Quit

P.328

Surrender P.328

Merger

P.328

Where a fixed term lease automatically comes to an end No notice is required Periodic tenancies are determined by an appropriate period of notice It can be given by either the LL or the T Notice periods are strictly enforced and courts will not grant relief: o Yearly tenancies: at least 6 months' notice o Other tenancies: one full period's notice If a dwelling house, notice given 4 weeks before effect, in writing and with certain information (s.5 Protection from Eviction Act 1977) Where T yields up his lease to immediate LL who accepts the surrender It must be by deed to be legal (s.52 LPA) and must be mutual Where T acquired the immediate reversion of a lease (i.e. the freehold) Or where a 3rd P acquired both the lease and the reversion

But, if the lease falls within the remit of the Landlord and Tenant Act 1954, then it may be protected from determination under security of tenure. This means the tenant can continue in their tenancy until it is terminated in such a way that is satisfactory under the Act. This does not apply to T W.

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