Business Tenancies (week 9) Flashcards
What does the landlord and tenant act 1957 introduce for business tenancies?
Introduced security of tenure for commercial tenants
What is security of tenure?
Tenant in a lease with security of tenure may continue to occupy the premises at the end of the contractual term.
What rights/interests does a fixed term tenancy give the tenant?
Exclusive possession and a proprietary interest
If a tenant underlets the whole or part of the premises - are they in occupation?
No they are not in occupation of the part they sublease and therefore tenant doesn’t have security of tenure for those parts of the property.
What is the meaning “for the purposes of business”?
It is a wide definition and case law has said it doesn’t include:
Sunday school sessions provided free of charge by an individual and
A tenant of a house talking a small number of lodgers without profit
What types of tenancies are excluded from security of tenure?
- agricultural tenancies
- mining leases
- service tenancies (lease granted as part of tenant’s employment)
- fixed term tenancies of 6 months or less (but can become protected if tenant has been in occupation for 12 months or more, whether through successive tenancies or if the tenancy is renewable beyond 6 months)
When is a fixed term of 6 months or less NOT an excluded tenancy from security of tenure?
fixed term tenancies of 6 months or less (but can become protected if tenant has been in occupation for 12 months or more, whether through successive tenancies or if the tenancy is renewable beyond 6 months)
What is a contracted out tenancy?
The parties can agree to exclude a fixed term lease from the security of tenure provisions.
(Only applies to fixed term leases and not periodic tenancy)
What is the two stage procedure for contracting out that was brought in from June 2004?
Stage 1: landlord must serve warning notice in tenant in prescribed form, must be served before parties complete the lease.
Stage 2: tenant must provide declaration in prescribed form to landlord before completing the lease. If lease completion is at least 14 days from date of warning notice (then can be a simple signed declaration). If lease completion is less than 14 days then tenant must provide statutory declaration.
What happens at the end of a non-protected tenancy?
Tenant has no right to occupy beyond contractual term.
If landlord notified tenant it requires possession at the end of the term and tenant continues to occupy then landlord may treat them as a trespasser.
What happens at the end of a protected tenancy?
Tenant has right to stay in occupation (known as holding over). Landlord cannot evict tenant and tenant’s occupation can only be brought to an end by: landlord forfeiting the lease if there is a breach un covenants or serve a section 25 notice,
How can a landlord end a protected tenancy?
landlord forfeiting the lease if there is a breach in covenants by tenant; or
serve a section 25 notice which may indicate an intention to recover premises or offer renewal on lease,
How can a tenant end a protected lease?
- vacate the premises at end of contract
- surrender the lease with landlords agreement
- for periodic tenancy, serve notice to quit to bring tenancy to an end
- serve a s26 notice to request a new tenancy
- serve s27 notice to leave premises
How can a tenant end a protected lease?
- vacate the premises at end of contract
- surrender the lease with landlords agreement
- for periodic tenancy, serve notice to quit to bring tenancy to an end
- serve a s26 notice to request a new tenancy
- serve s27 notice to leave premises
What does a landlords s25 notice do? / when is it served?
States the date of termination and must be on or after the date the contract ends.
Served between 6-12 months before date of termination
