8): Security of Tenure - Landlord and Tenant Act 1954 Part II Flashcards
What right does Part II of LTA 1954 give business tenants?
Right to remain in occupation after lease expiry.
Right to apply for new lease.
Landlord can only object on limited statutory grounds.
What are the conditions for LTA 1954 protection?
Tenant must:
Have a tenancy (not a licence).
Occupy for business purposes.
Lease must not be excluded from LTA 1954.
On what grounds can a protected tenancy be terminated by the landlord? (s.30)
a. Breach of repairing obligations
b. Persistent rent arrears
c. Substantial other breaches
d. Refusal of reasonable alternative premises
e. Sub-letting part + landlord wants whole possession
f.Demolition/redevelopment intention
g. Landlord wants own occupation (residence/business)
What is a s.26 request?
Tenant’s notice to renew lease.
Must be served before expiry of the fixed term.
Triggers potential court application if landlord resists.
What is a s.27 notice?
Tenant’s notice to terminate lease:
On expiry date = give 3 months’ notice.
After expiry = also must give 3 months’ notice or agree surrender.
What is a s.25 notice under the LTA 1954?
Landlord’s notice to terminate or offer a new tenancy.
Must be served 6–12 months before stated termination date.
Termination date cannot be before expiry of contractual term.
Grounds must be under s.30 if opposing renewal.
What must a landlord do if opposing a s.26 request?
Serve counter-notice within 2 months, stating s.30 grounds.
What are the terms of a new lease if granted by court?
Will reflect old lease, with updates to:
Property demised
Duration (max 15 years)
Open market rent
Other reasonable terms
When is compensation payable to the tenant under LTA 1954?
If renewal is refused on non-fault grounds.
No compensation if refusal based on:
(a) Repair breach
(b) Rent arrears
(c) Other substantial breach
Or (d) suitable alternative premises provided.
