Solicitors Qualifying Examination (SQE) Practice Exa\

When should a section 17 notice be served regarding commercial leases?

1. When the lease is being renewed

2. When the landlord seeks payment from a guarantor

3. When the occupant vacates

4. When repairs are needed on the property

The correct answer is: When the landlord seeks payment from a guarantor

A section 17 notice relates to the Landlord and Tenant Act 1954, specifically concerning the right of a landlord to claim possession of a property under a commercial lease. This type of notice is typically served when a landlord wishes to terminate the lease and take back possession of the premises, especially if they are seeking to enforce the lease against a guarantor for unpaid rent or other obligations. In the context of the options provided, serving a section 17 notice is relevant when a landlord takes action against a guarantor who is responsible for the lease obligations. This scenario indicates that the landlord is seeking payment and potentially planning to pursue possession of the property due to default on lease terms. Other options do not align with the primary intention behind a section 17 notice. For instance, serving a notice when a lease is being renewed would not typically involve a section 17 circumstance, as renewals usually focus on extending existing terms rather than terminating them. Similarly, a notice isn't necessary when the occupant vacates, as this marks the end of the tenant's obligations under the lease. Lastly, when repairs are needed on the property, this situation primarily falls under maintenance obligations and does not trigger the need for a section 17 notice, which deals with lease termination and