Landlord’s notice to terminate served – but is it really the end?

17th February 2021

Landlord’s notice to terminate served – but is it really the end?

Even once a Notice to Terminate has been served, it does not necessarily mean the lease or the tenant’s occupation will come to an end upon the termination date.

Serving a Notice to Terminate is not enough to render the lease at an end. It will need to be determined in law which in most circumstances where a CVA is in place, will be by way of a surrender.

Difficulties may arise when the tenant has failed or refused to sign a Deed of Surrender and remains in occupation of the premises. Thought will then need to be given as to the basis upon which they remain in occupation and the next step to be taken to protect the Landlord’s position.

Alternatively, it may be the case that the tenant wants to remain in the premises and is willing to agree to a new lease with the Landlord on terms more favourable than those imposed by the CVA.  The Landlord may be inclined to consider this and thought will not only need to be given to the terms of the new lease, but the tenant’s continuing occupation of the premises up until the new lease is completed. The Landlord will presumably still want to be able to rely upon the Notice to Terminate if the new lease does not complete and so steps will need to be taken to ensure the Landlord’s position is reserved in this respect.  

Reanne Upton, has dealt with a number of these situations recently and, in particular, where the Landlord’s expectation of recovering the property was not the reality when the tenant proved to be uncooperative.

If you have any queries regarding the termination of leases under a CVA you can contact Reanne Upton on 01384 327 164.








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