Published 15 December 2014
If the landlord serves a break notice alone, this will bring to an end the contractual lease term, but it will not end the statutory tenancy under the LTA 1954. In such circumstances the tenant is entitled to remain in occupation of the premises after the break date pursuant to the statutory tenancy under the LTA 1954. The tenant could also seek a new lease under section 26 of the LTA 1954.
Due to the risks involved it is important that legal advice is sought if a landlord wishes to exercise any kind of break provision in a lease.