Landlord And Tenant Procedures And Remedies

1. Introduction

   This update examines the procedures open to landlords facing

   difficulties where (i) tenants remain in possession beyond the

   expiration of the stated term of the lease, or (ii) the

   landlord wishes to terminate the tenancy prior to expiration of

   the stated term.

   The correct procedure for terminating a tenancy when the

   tenant is overholding is to serve a notice to quit on the

   tenant. In contrast, the procedure for terminating a tenancy

   prior to the expiration of the stated term is called

   'forfeiture'. A notice to quit is usually used to end a

   periodic tenancy that is, year to year or for lesser period.

   The landlord is entitled to terminate a periodic tenancy

   without giving any reason. The tenant does not have to be in

   breach of his/her lease and the motive of the landlord is

   irrelevant. In contrast, forfeiture will be applied only when

   the tenant is in breach of a condition or covenant of his/her

   lease.

2. Notice

   Any person may serve a notice to quit. However, any person

   other than the landlord who serves the notice must have

   received prior express authorisation from the landlord to serve

   the notice. Where the landlord is a company, a director, a

   company secretary or other authorised officer must have express

   authorisation to serve the notice. In practice, this

   authorisation should always be in writing. If the tenant

   refuses to quit, authorisation will have to be proven in

   court.

   The notice must be in writing in accordance with Section 16

   of the Housing (Miscellaneous Provisions) Act 1992. This notice

   should be clear and unambiguous, and should contain an explicit

   demand for possession of the premises on expiry of the stated

   period.

   The minimum notice period within which a notice must be

   served and vacant possession given is four weeks under Section

   16 of the Housing (Miscellaneous Provisions) Act. Longer

   periods are required for certain tenancies. The period of

   notice for a monthly tenancy is one month expiring on a gale

   day (i.e. the day on which rent is due). The period of a

   quarterly tenancy is three months' notice expiring on a

   gale day. For a year-to-year tenancy, 183 days' notice

   expiring on the anniversary of the tenancy is required.

   The notice must come into the possession of the tenant

   before the period of notice begins to run. Personal service is

   best to ensure the tenant actually receives the notice before

   that time. Notice can also be served on the spouse of the

   tenant or any person whose duty it would be to inform...