54 ACT Flashcards
S23
Who qualifies
S24
Security of tenure and right for both to apply to court
S25
Ll renewal terms or terminate between 6 and 12 months notice
S26
T rental request (L has 2 months) between 6 and 12 months
27
T notice not wanting new tenancy
S29
L apply to court for order blocking renewal
S30
L renewal opposition. Must have firm and settled intention, reasonable prospect, don’t need planning. Many v pizza express 2021
A
Breach of repairing covenant
B
Persistent delay
C
Breach of other obligations
D
Availability of alternative accommodation
E
Uneconomical sub letting of part compensation over 14 years x 2 rateable / 14 years x 1 rateable
F
L intends to demolish reconstruct compensation over 14 years x 2 rateable / 14 years x 1 rateable
G
L intends to occupy himself. 14 years x 2 rateable / 14 years x 1 rateable
S 32
What property is in tenancy
S34
How rent is determined (disregards) OMV
S34
How rent is determined (disregards) OMV
S35
Other terms regards to current circumstances Omay v City of London
S36
T right to revoke new lease
S37
T right to compensation on quitting
S38
Contracting out
S34
Disregards x 4
- effect on rent from the occupation
Goodwill
- improvements during lease or last 21 yrs
- addition from any additional licence
S34
Assumptions x 5
Vacant possession
Premises fit for use / occupation
No premium or rent free period
T has complied with lease obligations
Willing L and t
Contracting out?
S24-28
Less than 14 T stat Dec in front of sol
More 14 days T signs simple dec
Outline of main sections of act?
23- sets out who qualifies
24 security if tenure and right of both to go to court
25L notice new or termination between 6 and 12 months
26 T renewal (L has 2 months)
27 T termination
S28
S29 L wants to go to court
30 L renewal opposition a-g
S 30, S35,S38?
S38 contract out
S34 usual disregards and assumptions
S35 other terms - court can’t vary &changes have to be reasonable
Disregards
S34 T’s business
Goodwill
Works under 21 yrs by the
Any licence associated
Assumptions
S34
Vacant possession Good condition
Willing L and T
No premium or rent free
O’May v City of London?
Court Can’t change terms of new agreement. Must be fair and reasonable
