Transitional Arrangements for Tenants and Landlords Ordinance

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  1. #1

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    Transitional Arrangements for Tenants and Landlords Ordinance

    I have a situation where a tenant is refusing to vacate a flat. I have checked the law on this and the ordinance provides some transitional arrangements for leases contracted before July 2004.

    In my situation, the original lease was signed before 2004 and has long expired (I cannot remember the exact dates) but the tenant has continued renting the flat without a a new lease being signed. The rent remained unchanged all along.

    My question is: is the tenant still on the original lease (and hence the transitional provisions still apply) or has the lease been renewed (by deemed mutual consent)?

    Thanks for any advice.


  2. #2

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    From Tel-Law:

    Residential Tenancies which were in existence on 9thJuly 2004 but in respect of which the landlord had not given notice of termination or the tenant had not requested a new tenancy are no longer the subject of the procedures just described. Instead, a party to such a tenancy who wishes to end it must give to the other party what is called a transitional termination notice. This is a written notice which states that the tenancy is to be terminated on a certain date. No particular form is stipulated by the legislation although a suggested form is available at District Offices.

    A transitional termination notice must be served by the landlord on the tenant at least 12 months before it is to take effect. If the notice is given by the tenant, it must be served not less than one month before it is to take effect. So this means that security of tenure will continue in respect of residential tenancies which were in existence on 9thJuly 2004 for a limited period.

    There is however an exception where the landlord requires the premises for the use of himself or members of his close family. In that event the landlord of a continuing tenancy can apply at any time for a possession order from the Lands Tribunal although of course he has to prove that he does really need the premises.

  3. #3

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    Mar 2010
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    Claire.

    Thanks for the reference. I'm trying to figure out whether I need to give 12 months or just 1 month notice.

    I read the full article on the Tel-Law website and it appears that that the spirit of the law is to give the tenants some protection for a limited period only and that this period cannot be extended by inaction from both parties.