Property Management and Law Essay Example | Topics and Well Written Essays - 2500 words

Property Management and Law - Essay Example The terms and conditions under said contract include full repairing obligation by the tenant and seven rent reviews for rent increases only. Brimsdown Spring pays its rents promptly and has abided by all terms and conditions, so far. The term is about to expire on 24 March 2011. In Smalls’ letter, he expressly requested for new tenancy that would include the same length of time as the existing one, but under more favourable terms to them: Landlord takes over responsibility over structure, roof and exterior of the building and; a reduction of the present rent of ?43,500 a year to ?37,500 a year. Mr Smalls also made mention of a newly constructed commercial estate nearby that leases units at ?37,500 a year. RECOMMENDATIONS The Landlord can answer the letter indicating his objection. Such exchanges of communication, however, are not official because they are not in the prescribed form. In the meantime, the landlord can wait for the tenant to formalise its request using the correc t form and oppose the application, or failing that, he can serve his own notice to quit and refuse a new tenancy before the end of 12 months following the expiration of the lease period. RATIONALE Part II of the Landlord and Tenant Act 1954 generally grants security of tenure to leases whose terms go beyond 6 months as implied under s 43(3)(a) of said Act, but this can be opposed by the landlord on any of the grounds allowed by law. This implies that security of tenure is applicable to Brimsdown Spring as a lessor, which further means that despite the expiration of the lease terms it will still be entitled to occupy the premises and continue the lease. Such continuity of lease despite the expiration of the lease period exists until the landlord serves it a notice to quit under s 25 and it serves a counter-notice to renew the lease or it initiates an application to request a new lease. In that case, the court decides for or against any of the parties. The tenant may also initiate the process by a request to renew the lease and the landlord either accepts it or opposes by going to court on any of the grounds allowed by law. In the case of Brimsdown Spring, the letter requesting for a new tenancy does not have any effect. It was not sufficient to serve as a request for new tenancy under the Landlord and Tenant Act 1954 because s. 26(3) thereof expressly states that the request shall not be effective if not contained in the prescribed form setting out the details of the proposals of the tenant such as the new period, the rent and other conditions. Under Schedule 1 of the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004, a request for new tenancy must be made using Form 3 in Schedule II of the aforesaid Regulations. It can be noted in Form 3 that the date of which the proposed new tenancy begins to take place must be indicated whilst a list of the proposed new terms and conditions must be attached to it. Since Brimsdown Spring’s letter had no effect as a request for new tenancy, the Landlord is therefore, free to initiate the termination of the contract under s. 25 of the Landlord and Tenant Act 1954. The prescribed form for this is Form 2, or Landlord’s Notice Ending a Business Tenancy and Reasons for Refusing a New One,