Condition of rented premises. Extension of a lease.
The parties entered into a lease for a definite period as from 1 October 2019 to 1 October 2020 (inclusive). The claim submitted to the Complaints Committee by the tenant was to have the committee recognise that a lease for an indefinite period had come into effect after expiry of the lease for a definite period. Recognition was also sought of the landlord’s obligation to make good the defects in the property, for example to tidy up the lot and finish installing fire protection equipment. The tenant sent a demand for remedial action to the landlord on 16 October 2020, presenting the requests listed above. The committee took the view that as the demands in question were not presented until after the end of the lease period, the tenant had forfeited his entitlement to have remedial action taken under Article 16 of the Rent Act. Article 59 of the same act states that if eight weeks elapse from the end of the rental period in accordance with the termination of a lease for an indefinite period or, as appropriate, in accordance with the provisions of a lease for a definite period, and the landlord has not called on the tenant to vacate the property, then a lease for an indefinite period comes into being between the parties.
Conclusion. The tenant’s demand that the landlord make good the defects he regarded as being in the property was rejected. A lease for an indefinite period had come into force between the parties, with a 6-month notice period for termination.