Q&As

Where a leasehold is held as tenants in common by partners in a partnership, and one of the partners has died intestate and without any identifiable family members, does the surviving partner who wishes to terminate their tenancy still need to serve a notice in accordance with s 41A(3), or is a standard s 27 notice sufficient?

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Produced in partnership with Georgia Whiting of Ardmore Group Limited
Published on: 18 January 2017
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A tenant of a business lease has a statutory right to a lease renewal under the Landlord and Tenant Act 1954 (LTA 1954).

Where the tenant does not want the tenancy to continue, it can serve a notice on the landlord under LTA 1954, s 27(1). If the tenancy is already continuing under LTA 1954, s 24 the tenant can serve a notice to bring the tenancy to an end under LTA 1954, s 27(2).

Where there are joint tenants the notice must be given by all of the tenants.

Georgia Whiting
Georgia Whiting

In-House Legal Counsel, Ardmore Group Limited

Georgia is employed as Legal Counsel at the Ardmore Group, a large family owned and operated construction contractor. Her role is varied and includes both contentious and non-contentious matters. 

Prior to this, she was a self-employed barrister at 4 King’s Bench Walk, where she remains as a Door Tenant. Her work included advising and acting in relation to issues arising out of construction, property development and refurbishment. 

Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as employment, insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Intestate definition
What does Intestate mean?

A reference to a person who has died without leaving a valid Will or who has failed to dispose of their entire estate by Will.

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