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LTA 1954 – vacating when lease has expired |
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If T remains in occupation after the contractual expiry date, then he will have a statutory continuation tenancy. That tenancy can only be brought to an end by T serving notice on L under s27(2). Bear in mind that these provisions are different from those that apply when T wants to bring the contractual tenancy to an end (see previous entry).
If the continuation tenancy has started then T cannot simply vacate the premises and walk away from liability. However, under s27(2) T may serve a three-month notice to terminate the statutory continuation. Prior to June 2004 it had to expire on one of the usual quarter days, but that is no longer necessary and T may now give not less than three months’ notice to bring the tenancy to an end ‘on any day’.
Note that T cannot serve an s27(2) notice if he has already made a request for a new tenancy under s26. However, the fact that L has served an s25 notice with a later termination date does not prevent T ending earlier by serving three months’ notice under s27(2). [2004] 136 Property Law Journal 17.
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October 2004 |
