Comments on: Extending security by tenancy agreement? http://nearlylegal.co.uk/blog/2007/11/extending-security-by-tenancy-agreement/ The Joy of Housing Law Thu, 20 Nov 2008 15:28:01 +0000 http://wordpress.org/?v=2.6.3 By: J http://nearlylegal.co.uk/blog/2007/11/extending-security-by-tenancy-agreement/#comment-4026 J Sat, 24 Nov 2007 12:58:40 +0000 http://nearlylegal.co.uk/blog/2007/11/extending-security-by-tenancy-agreement/#comment-4026 There is no doubt that a landlord can, by contract prevent himself from relying on statutory grounds for possession (Pollards Hill HA v Marsh [2001] EWCA Civ 199) but, as you say, that isn't quite the case here. In this case, presuming that the "tenant" has parted with possession then, by operation of law, the secure tenancy has come to and end and cannot be revived. The terms of the tenancy agreement were referable to the secure tenancy and, one assumes, must also be taken to have fallen away. That being so, I can't see why the NTQ won't be accepted. Lets see what happens! There is no doubt that a landlord can, by contract prevent himself from relying on statutory grounds for possession (Pollards Hill HA v Marsh [2001] EWCA Civ 199) but, as you say, that isn’t quite the case here.

In this case, presuming that the “tenant” has parted with possession then, by operation of law, the secure tenancy has come to and end and cannot be revived. The terms of the tenancy agreement were referable to the secure tenancy and, one assumes, must also be taken to have fallen away.

That being so, I can’t see why the NTQ won’t be accepted. Lets see what happens!

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