ABSTRACT

Where an application has been made to the court for a new tenancy, the court can either dismiss the application or grant the tenant a new tenancy. Where an application for termination without renewal has been made, the court can either grant the application or order a new tenancy. A new tenancy will be refused or a termination order granted where either:

the landlord has successfully established one or more of the grounds of opposition specified in the s 25 notice or in the counternotice to the s 26 request (s 31(1) of the 1954 Act); or

the court is precluded by s 31(2) of the 1954 Act from ordering a new tenancy (see 8.8.2).