Application of Security of Tenure under Landlord and Tenant Act 1954 Flashcards
What does security of tenure apply to?
1) Any tenancy
2) Occupied by the tenant
3) For the purposes of business
What is a fixed-term tenancy?
A lease for a specified period (e.g. 10 years)
What is a periodic tenancy?
A rolling lease with no fixed end date
What is a license?
A personal permission to occupy (e.g. hotel guests, co-working)
What is a tenancy at will?
No fixed term, can be ended at any time
Which types of occupation fall within security of tenure and which ones fall out of security of tenure?
Within: Fixed-term tenancy, periodic tenancy
Outside: License, tenancy at will
What if a landlord tries to disguise a tenancy as a license?
Courts may still rule it is a tenancy with security of tenure
What is meant by ‘occupied by the tenant’?
Tenant must physically occupy the premises at time of end of lease – if it vacates (e.g. underlets whole), it loses security of tenure.
If a tenant leases Floors 2 and 3, and then sublet 3, do they have security of tenure?
Only of the floor that they occupy
What qualifies as a business for security of tenure?
- Retail shops
- Charities
- Private clubs
- Mixed-use (e.g. shop with residential accommodation for business use)
What does not qualify as a business for security of tenure?
- Personal use
- Non-profit
- Private residential lets
What types of lease tenancies are automatically excluded from security of tenure?
1) Agricultural tenancies
2) Mining leases
3) Service tenancies
4) Short-term fixed leases
(less than 6 months, no renewal) - if its 9 months with a renewal option, it will be included (allow for more than 1 year occupation)
What are service tenancies?
A tenancy provided as part of employment (e.g. security guard’s flat)
Can parties contract out of security of tenure?
Yes
What is the contracting out procedure?
1) Landlord serves Warning Notice before lease completion
2) Tenant signs declaration agreeing to give up security of tenure
What type of declaration does tenant sign for contracting out?
If given 14+ days before lease, simple declaration is needed. If less than 14 days before, a statutory declaration (before a solicitor) is needed.
What constitutes a statutory declaration?
A declaration before a solicitor
What must a declaration refer to?
Both the notice and declaration in the lease itself
