implications of security tenure

• What does the element of security of tenure examine?

  The implications of security of tenure at the end of the contractual term
• What happens to a tenant with a non-protected tenancy at the end of the contractual term?

  The tenant has no right to occupy beyond the contractual term
• What can a landlord do if a tenant with a non-protected tenancy continues to occupy after being notified to leave?

  The landlord may treat the tenant as a trespasser and recover possession
• What is the right of a tenant with a protected tenancy at the end of the contractual term?

  The tenant has the right to stay in occupation, known as holding over
• How can a landlord end a protected tenancy?

  The landlord can forfeit the lease or serve a section 25 notice
• What does a section 25 notice indicate?

  It may indicate an intention to recover the premises or offer a renewal lease
• Can a landlord forfeit the lease if the tenant is in arrears with rent?

  Yes, if the lease allows for it
• What options does a tenant have to end a protected tenancy?

  The tenant can vacate, surrender the lease, serve notice to quit, or request a new tenancy
• What is required for a tenant to surrender the lease?

  The tenant needs the landlord's agreement
• What is a notice to quit in the context of a periodic tenancy?

  It is a notice served by the tenant to bring the tenancy to an end
• What does a section 26 notice do?

  It requests a new tenancy from the landlord
• What does a section 27 notice indicate?

  It indicates the tenant's intention to leave the premises
• What are the key implications of security of tenure for tenants?

  • Tenants of protected tenancies can hold over after the contractual term.
  • Tenants of non-protected tenancies cannot remain after the term and may be treated as trespassers.
  • Tenants of protected fixed-term leases may leave at the end of the term.
• What are the landlord's options for ending a protected tenancy?

  • Forfeit the lease for tenant's covenant breach.
  • Serve a section 25 notice indicating intention to recover premises or offer renewal.
• What are the tenant's options for ending a protected tenancy?

  • Vacate the premises at the end of the term.
  • Surrender the lease with landlord's agreement.
  • Serve notice to quit for periodic tenancies.
  • Serve section 26 notice for a new tenancy.
  • Serve section 27 notice to leave the premises.