Recovering possession quiz

What is the name of the legislation that concerns whether or not a landlord can recover possession of a commercial lease?

• Landlord and Tenant Act 1925

• Landlord and Tenant Act 1954

• Law of Property Act 1925

For a contracted-out lease, can a landlord evict a tenant when it comes to an end?

• No, the tenant has the right to stay indefinitely

• Yes but the landlord has to serve a section 25

• Yes the landlord can legally get the property back

What is the difference between a trespasser and tolerated trespasser?

• Both have no right to stay in a property after a lease expires but a tolerated trespasser cannot be sued.

• Both have no legal agreement to occupy after a contracted lease expires but a trespasser is not welcome to a landlord and a tolerated trespasser is allowed to stay.

• Both have no right to stay in a property after a lease expires but the landlord prefers to negotiate with a tolerated trespasser.

What is the danger for a landlord if they continue to accept rent on a contracted-out tenancy after lease expiry?

• The danger is that an informal business tenancy will be created, which is protected and will give the tenant rights.

• The danger is that the rent will become fixed at that rent.

• The danger is that the landlord will not be able to legally collect the rent.

Can a commercial landlord evict a tenant at the end of a protected lease?

• Yes, the lease has come to an end

• No, the tenant has a right to stay

• Yes but only on certain grounds

A protected commercial lease is coming to an end on 2nd February 2025. What is a possible date for recovering possession if served today? (two answers)

• 2nd February 2025 - the expiry date.

• 3rd August 2025

• 15th December 2025

• 31st December 2024

• 3rd June 2025

How many grounds for possession are there if a landlord wants a property back that is subject to a protected lease?

• 4

• 5

• 6

• 7

Which section of the Landlord and Tenant Act contains the grounds for possession for a landlord?

• Section 25

• Section 27

• Section 34

• Section 38

Does a landlord have the right to evict a tenant mid-lease?

• Yes

• No

• Only if there is a break clause (or if the lease is forfeited for breach of covenant)

What is a mutual break clause?

• One that can be exercised by either the landlord or tenant

• One that can only be exercised by the landlord

• One that can only be exercised by the tenant