Lease Expiries and Renewal

 

 

The Landlord and Tenant Act 1954 (and later amendments) provides strict procedures to govern the actions of both landlord and tenant at the end of a lease. If these procedures are not complied with there is a strong danger that rights may be lost by both landlord and tenant. Some leases are drafted to ensure that the tenant has a legal right (subject to certain exclusions) to a new lease at the expiry of the present one. Others specifically exclude this right.

 

 

The timing and accuracy of the landlords notice ending a lease is of critical importance to ensure that the optimum situation for renewing or indeed ending the lease is secured. Additionally there is the tenant’s problem of liability for dilapidations at the end of the lease. See Dilaplidations.

 

For the tenant the service of the counter notices is particularly important to protect their rights to a new lease at the end of the present one. If the landlord seeks not to renew the lease there are provisions in the law to ensure that a tenancy can be renewed in some circumstances and in specific circumstances for the landlord to avoid doing so.