Common use of Termination by the Landlord Clause in Contracts

Termination by the Landlord. 16.1 If any of Grounds 2, 7A, 7B, 8, 10-15, and 17 set out in Schedule 2 of the Housing Xxx 0000 (available to view at xxx.xxxxxxxxxxx.xxx.xx) apply at any time or if Ground 9 applies at any time after the Tenancy Period has ended then, subject to clauses 16.2 and 16.3, the Landlord shall be entitled to end the tenancy by forfeiture or re-entry or by serving notice under section 8 of the Housing Xxx 0000. 16.2 If grounds for possession (as listed in clause 16.1) exist, and the Landlord is satisfied (acting reasonably and objectively) that the Tenant has ceased to reside in the Room and there is no-one else lawfully residing in the Room, the Landlord may (but is not under any obligation to) take possession of the Room and on the date the Landlord does so the tenancy will terminate. 16.3 Whilst there is anyone lawfully residing in the Room the Landlord shall not enforce its right to recover possession of the Room against the occupier, otherwise than by proceedings in the court and (unless the Landlord accepts a surrender of the tenancy) the tenancy shall continue until: 16.3.1 the Landlord obtains an order of the court for possession of the Room under section 7 or 21 of the Housing Xxx 0000; and 16.3.2 that order has been lawfully executed by an authorised person (such as a county court bailiff or High Court Enforcement Officer). 16.4 If the Tenant has not taken possession of the Room within 7 days of the start of the Tenancy Period, the Management Company may (but has no obligation to) advertise the Room as available to let or offer the Room to a person on its waiting list. If a suitable replacement occupier is then found before the Tenant takes possession, the Landlord may terminate this Agreement immediately by giving written notice to the Tenant to that effect. If the Landlord does terminate this Agreement in this way, the Landlord will refund the balance of the Deposit and any pre-paid Rent to the Tenant within 28 days of giving notice, after deducting: 16.4.1 Rent for the period up to and including the date of termination; and 16.4.2 the Managing Agent’s fees for re-advertising, finding a replacement occupier and arranging a new tenancy agreement. 16.5 If during the Tenancy Period the Room or Flat is damaged by an insured risk so as to be uninhabitable or inaccessible the Landlord will use reasonable endeavours to provide the Tenant with reasonably suitable alternative accommodation, but if they are unable to procure suitable alternative accommodation the Landlord may end this Agreement by giving notice to the Tenant to that effect. 16.6 If the Landlord terminates this Agreement or the tenancy, the Tenant shall remain liable for the Tenant’s obligations that accrued up to and including the date of termination.

Termination by the Landlord. 16.1 If any of Grounds 2, 7A, 7B, 8, 10-15, and 17 set out in Schedule 2 of the Housing Xxx 0000 Act 1988 (available to view at xxx.xxxxxxxxxxx.xxx.xx) apply at any time or if Ground 9 applies at any time after the Tenancy Period has ended then, subject to clauses 16.2 and 16.3, the Landlord shall be entitled to end the tenancy by forfeiture or re-entry or by serving notice under section 8 of the Housing Xxx 0000Act 1988. 16.2 If grounds for possession (as listed in clause 16.1) exist, and the Landlord is satisfied (acting reasonably and objectively) that the Tenant has ceased to reside in the Room and there is no-one else lawfully residing in the Room, the Landlord may (but is not under any obligation to) take possession of the Room and on the date the Landlord does so the tenancy will terminate. 16.3 Whilst there is anyone lawfully residing in the Room the Landlord shall not enforce its right to recover possession of the Room against the occupier, otherwise than by proceedings in the court and (unless the Landlord accepts a surrender of the tenancy) the tenancy shall continue until: 16.3.1 the Landlord obtains an order of the court for possession of the Room under section 7 or 21 of the Housing Xxx 0000Act 1988; and 16.3.2 that order has been lawfully executed by an authorised person (such as a county court bailiff or High Court Enforcement Officer). 16.4 If the Tenant has not taken possession of the Room within 7 days of the start of the Tenancy Period, the Management Company may (but has no obligation to) advertise the Room as available to let or offer the Room to a person on its waiting list. If a suitable replacement occupier is then found before the Tenant takes possession, the Landlord may terminate this Agreement immediately by giving written notice to the Tenant to that effect. If the Landlord does terminate this Agreement in this way, the Landlord will refund the balance of the Deposit and any pre-paid Rent to the Tenant within 28 days of giving notice, after deducting: 16.4.1 Rent for the period up to and including the date of termination; and 16.4.2 the Managing Agent’s fees for re-advertising, finding a replacement occupier and arranging a new tenancy agreement. 16.5 If during the Tenancy Period the Room or Flat is damaged by an insured risk so as to be uninhabitable or inaccessible the Landlord will use reasonable endeavours to provide the Tenant with reasonably suitable alternative accommodation, but if they are unable to procure suitable alternative accommodation the Landlord may end this Agreement by giving notice to the Tenant to that effect. 16.6 If the Landlord terminates this Agreement or the tenancy, the Tenant shall remain liable for the Tenant’s obligations that accrued up to and including the date of termination.