Termination Applications to Court

Question

Following service of section... or section... an application can be made to court

Answer 1

Section 25 notice

Answer 2

Section 26 request

Answer 3

Section 27 notice

Answer 4

Must be made before date stated in L's section 25 notice

Answer 5

Day before date in T's section 26 request

Answer 6

Deadline can be extended by agreement

Answer 7

Must be made before date in T's section 26 request

Answer 8

Day before date in L's section 25 notice

Answer 9

Section 24

Answer 10

Section 29

Answer 11

Section 25

Answer 12

Section 26

Answer 13

Section 24

Answer 14

Section 29

Answer 15

Section 25

Answer 16

Used if L opposes grant of new lease but T wants renewal

Answer 17

Used if both parties want new lease but can't agree terms

Answer 18

Used by L when L opposes grants of new lease but T wants new lease

Answer 19

Only for L

Answer 20

Section 24

Answer 21

Section 29

Answer 22

Section 26

Answer 23

Used by L when L opposes grants of new lease but T wants new lease

Answer 24

Used if L opposes grant of new lease but T wants renewal

Answer 25

Only for L

Answer 26

Used if both parties want new lease but can't agree terms

Answer 27

Section 30

Answer 28

Section 29

Answer 29

Section 31

Answer 30

L's section 25 notice

Answer 31

L's counter notice to T's section 26 request

Answer 32

L's section 27 notice

Answer 33

T's section 25 notice

Answer 34

Grounds a-c discretionary

Answer 35

Grounds d, f and g are mandatory

Answer 36

Grounds a-c madatory

Answer 37

Grounds d, f and g are discretionary

Answer 38

Court may refuse an application for new lease but can take all circumstances into account

Answer 39

Court must refuse any application for new lease

Answer 40

Court must refuse any application for new lease

Answer 41

Court may refuse an application for new lease but can take all circumstances into account

Answer 42

Section 30 (1) (a)

Answer 43

Section 30 (1) (b)

Answer 44

Section 30 (1) (c)

Answer 45

Section 30 (1) (d)

Answer 46

Section 30 (1) (f)

Answer 47

Section 30 (1) (g)

Answer 48

Section 30 (1) (a)

Answer 49

Section 30 (1) (b)

Answer 50

Section 30 (1) (c)

Answer 51

Section 30 (1) (d)

Answer 52

Section 30 (1) (f)

Answer 53

Section 30 (1) (g)

Answer 54

Number of occasions

Answer 55

Length of delays

Answer 56

Future safeguards - rent deposit of guarantor

Answer 57

extent of disrepair

Answer 58

T must be in breach of lease covenant

Answer 59

Whether breach can be remedied

Answer 60

Has L waived right to forfeit lease for breach

Answer 61

T need not be in breach of covenant

Answer 62

Number of occasions

Answer 63

Hazel v Akhtar

Answer 64

Walsh v Lonsdale 1882

Answer 65

Antoniades v Villiers 1988

Answer 66

Facchini V Bryson 1952

Answer 67

L could not rely on Section 30 (1) (b)

Answer 68

L had not notified T required strict compliance with rent payment covenant

Answer 69

T must have failed to comply with the repairing obligation in lease

Answer 70

Disrepair must be a result of this failure and exist at date of hearing

Answer 71

L prepares schedule of dilapidation

Answer 72

Court take into account - extent, previous breaches, whether T will to give undertaking for repair

Answer 73

future safe gurads

Answer 74

Section 30 (1) (a)

Answer 75

Section 30 (1) (b)

Answer 76

Section 30 (1) (c)

Answer 77

Section 30 (1) (d)

Answer 78

Section 30 (1) (f)

Answer 79

Section 30 (1) (g)

Answer 80

Section 30 (1) (d)

Answer 81

Section 30 (1) (a)

Answer 82

Section 30 (1) (b)

Answer 83

Section 30 (1) (f)

Answer 84

Section 30 (1) (g)

Answer 85

Section 30 (1) (c)

Answer 86

Section 30 (1) (a)

Answer 87

Section 30 (1) (b)

Answer 88

Section 30 (1) (c)

Answer 89

Section 30 (1) (d)

Answer 90

Section 30 (1) (f)

Answer 91

Section 30 (1) (g)

Answer 92

Demolition, reconstruction or construction

Answer 93

Need for possession

Answer 94

suitable alternative accommodation

Answer 95

seriousness of breach

Answer 96

Settled intention

Answer 97

Reasonable prospect of fulfilling intention

Answer 98

Unsettled intention

Answer 99

(definite proposals needed)

Answer 100

L must provide suitable alternative accommodation

Answer 101

Terms for lease of new accommodation reasonable

Answer 102

Number of occasions

Answer 103

Nature and extent of works

Answer 104

Substantial part of premises and substantial inference of structure

Answer 105

2 part test

Answer 106

Joel v Swaddle

Answer 107

L must show possession required to carry out works

Answer 108

Note effect of section 31A

Answer 109

Must be able to do works without possession or interference

Answer 110

Section 30 (1) (a)

Answer 111

Section 30 (1) (b)

Answer 112

Section 30 (1) (c)

Answer 113

Section 30 (1) (d)

Answer 114

Section 30 (1) (f)

Answer 115

Section 30 (1) (g)

Answer 116

Occupation within reasonable time after lease terminated required

Answer 117

Five year rule - can't rely on this section if interest acquired within five years of lease terminating

Answer 118

between service of section 25 notice/section 26 request + grant of new lease often considerable delay - negotiations - court proceedings

Answer 119

rent which court considers reasonable (could differ from RP)

Answer 120

between service of section 30 notice/section 24 request + grant of new lease often considerable delay - negotiations - court proceedings

Answer 121

Section 25 notice - earliest termination date

Answer 122

Section 26 request - earliest commencement date

Answer 123

Section 26 request - earliest termination date

Answer 124

termination date in S25 notice

Answer 125

Commencement date 26 request

Answer 126

Four months after the courts judgement

Answer 127

Disturbance compensation L must pay T if succesful on grounds f or g

Answer 128

L wishes to do work to premises

Answer 129

If L + T cannot agree the court may determine

Answer 130

Have regard to old lease and relevant circumstances eg MR

Answer 131

O'May v City of London Real Property

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Termination Applications to Court

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Resource summary

Question 1

Question 2

Question 3

Question 4

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Question 6

Question 7

Question 8

Question 9

Question 10

Question 11

Question 12

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Question 15

Question 16

Question 17

Question 18

Question 19

Question 20

Question 21

Question 22

Question 23

Question 24

Question 25

Question 26

Question 27

Question 28

Question 29

Question 30

Question 31

Question 32

Question 33

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	Created by nathan_hutchings about 11 years ago