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Ord. No. 76/81
Notices given
before this Part applies.
Termination of tenancy by the landlord.
1954 c. 56, s. 25.
Tenant's request for a new tenancy. 1954 c. 56. s. 26.
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)
(a) in case of a notice to quit, the notice was g
before the tenant had been in occupation in n of the tenancy for 1 month; or
(b) in the case of an instrument of surrender, it was executed before, or was executed in pursuance of an agreement made before, the tenant had been in occupation in right of the tenancy for 1 month.
118. (1) Where, at a time when a tenancy is not one to which this Part applies, the landlord gives notice to quit or of termination under Part V or otherwise and the notice expires when the tenancy is one to which this Part applies, the notice shall have no effect.
(2) This section shall not apply to re-entry where the tenant has given cause for forfeiture.
(3) This section shall apply to notices given before 19 December 1981 as well as after that date.
119. (1) Subject to section 119N, the landlord may terminate a tenancy by a notice given to the tenant in the specified form stating the date of termination.
(2) Subject to subsection (3), a notice under this section shall not have effect unless it is given not more than 7 nor less than 6 months before the date of termination.
(3) (a) In the case of a tenancy which, apart from this Part, could have been brought to an end by notice to quit given by the landlord, the date of termination shall not be earlier than the earliest date on which, apart from this Part, the tenancy could have been brought to an end by notice to quit given by the landlord on the date of the giving of the notice under this section.
(b) In the case of any other tenancy, a notice under this section shall not specify a date of termination earlier than the date on which apart from this Part the tenancy would have come to an end by effluxion of time.
(4) A notice under this section shall not have effect unless it requires the tenant, within 2 months after the giving of the notice, to notify the landlord in the specified form whether or not, at the date of termination, the tenant will be willing to give up possession of the premises comprised in the tenancy.
(5) A notice under this section shall not have effect unless it states whether the landlord would oppose an application to the Tribunal under this Part for the grant of a new tenancy and, if so, also states on which of the grounds mentioned in section 119E he would do so.
119A. (1) A tenant under a current tenancy may make a request to the landlord for a new tenancy.
(2) A tenant's request for a new tenancy shall be for a tenancy beginning with such date, not more than 7 nor less than 6 months after the making of the request, as may be specified therein:
LANDLORD AND TENANT (CONSOLIDATION) (AMENDMENT) (NO. 2)
Termination
by tenant of tenancy for fixed term. 1954 c. 56. 8. 27.
Renewal of tenancies by agreement. 1954 c. 56, 3. 28.
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Provided that the date shall not be earlier than the date on which, apart from this Part, the current tenancy would come to an end by effluxion of time or could be brought to an end by notice to quit given by the tenant.
(3) A tenant's request for a new tenancy shall not have effect unless it is made by notice in the specified form given to the landlord.
(4) A tenant's request for a new tenancy shall not be made if the landlord has already given notice under section 119 to terminate the current tenancy, or if the tenant has already given notice to quit or notice under section 119B; and no such notice shall be given by the landlord or the tenant after the making by the tenant of a request for a new tenancy.
(5) Where the tenant makes a request for a new tenancy in accordance with this section, the current tenancy shall, subject to sections 119M(2) and 119N, terminate immediately before the date specified in the request for the beginning of the new tenancy.
(6) Within 2 months of the making of a tenant's request for a new tenancy, the landlord may give notice in the specified form to the tenant that he will oppose an applica- tion to the Tribunal for the grant of a new tenancy; and any such notice shall state on which of the grounds men- the tioned in section 119E the landlord will oppose application.
119B. (1) Where the tenant under a current tenancy gives to the landlord, not later than 1 month before the date on which, apart from this Part, the tenancy would come to an end by effluxion of time, a notice in writing that the tenant does not desire the tenancy to be continued, section 117 shall not have effect in relation to the tenancy, unless the notice is given before the tenant has been in occupation in right of the tenancy for 1 month.
(2) A tenancy which is continuing by virtue of section 117 may be brought to an end by not less than 1 month's notice in writing given by the tenant to the landlord, whether the notice is given after the date on which, apart from this Part, the tenancy would have come to an end or before that date, but not before the tenant has been in occupation in right of the tenancy for 1 month.
119C. (1) Where the landlord and tenant agree for the grant to the tenant of a future tenancy of the premises on terms and from a date specified in the agreement, the current tenancy shall continue until that date but no longer and shall not be a tenancy to which this Part applies:
Provided that an agreement for the grant of a future tenancy before the tenant has been in occupation in right of the current tenancy for 1 month shall not be enforceable by the landlord.
(2) Where the landlord and tenant agree for the grant to the tenant of a future tenancy but are unable to agree the rent payable, the parties may refer the rent for determination under section 119K and that section shall apply accordingly.