54 ACT

Question 1

S23

Answer 1

Who qualifies

Question 2

S24

Answer 2

Security of tenure and right for both to apply to court

Question 3

S25

Answer 3

Ll renewal terms or terminate between 6 and 12 months notice

Question 4

S26

Answer 4

T rental request (L has 2 months) between 6 and 12 months

Question 5

27

Answer 5

T notice not wanting new tenancy

Question 6

S29

Answer 6

L apply to court for order blocking renewal

Question 7

S30

Answer 7

L renewal opposition. Must have firm and settled intention, reasonable prospect, don’t need planning. Many v pizza express 2021

Question 8

A

Answer 8

Breach of repairing covenant

Question 9

B

Answer 9

Persistent delay

Question 10

C

Answer 10

Breach of other obligations

Question 11

D

Answer 11

Availability of alternative accommodation

Question 12

E

Answer 12

Uneconomical sub letting of part compensation over 14 years x 2 rateable / 14 years x 1 rateable

Question 13

F

Answer 13

L intends to demolish reconstruct compensation over 14 years x 2 rateable / 14 years x 1 rateable

Question 14

G

Answer 14

L intends to occupy himself. 14 years x 2 rateable / 14 years x 1 rateable

Question 15

S 32

Answer 15

What property is in tenancy

Question 16

S34

Answer 16

How rent is determined (disregards) OMV

Question 17

S34

Answer 17

How rent is determined (disregards) OMV

Question 18

S35

Answer 18

Other terms regards to current circumstances Omay v City of London

Question 19

S36

Answer 19

T right to revoke new lease

Question 20

S37

Answer 20

T right to compensation on quitting

Question 21

S38

Answer 21

Contracting out

Question 22

S34

Answer 22

Disregards x 4
- effect on rent from the occupation
Goodwill
- improvements during lease or last 21 yrs
- addition from any additional licence

Question 23

S34

Answer 23

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

Question 24

Contracting out?

Answer 24

S24-28
Less than 14 T stat Dec in front of sol
More 14 days T signs simple dec

Question 25

Outline of main sections of act?

Answer 25

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

Question 26

S 30, S35,S38?

Answer 26

S38 contract out
S34 usual disregards and assumptions
S35 other terms - court can’t vary &changes have to be reasonable

Question 27

Disregards

Answer 27

S34 T’s business
Goodwill
Works under 21 yrs by the
Any licence associated

Question 28

Assumptions

Answer 28

S34
Vacant possession Good condition
Willing L and T
No premium or rent free

Question 29

O’May v City of London?

Answer 29

Court Can’t change terms of new agreement. Must be fair and reasonable