Commercial tenancies Flashcards
pt II LTA54 covers….
tenancy where premises occupied by the tenant for the purposes of a business s23
3 key elements…
Must be a tenancy (not a licence)
Premises must be occupied by T/employees when notice served and app made to cts
Must be for the purpose of a business
Excluded tenancies 7
At will Agricultural holdings Mining Leases Granted in consequence of employment Fixed term not exceeding 6 months Resi premises where business solely 'home business' Contracted out tenancies
Security of tenure
Contractual term ends, tenancy continues on same terms until terminated by a method in Act s24
Methods of termination s24 8
Forfeiture
Surrender
T notice to quit periodic
T giving 3 months notice b4 end of contractual term
T giving 3 months notice continuation tenancy
T ceases to occupy
S25 notice - ct rejects T application for new tenancy
S26 notice - a/a
S25 notice - form 1 & 2
prescribed form
Form 1 - LL not opposed
Form 2 - LL opposed
S25 notice - end date of tenancy
between 6- 12 months from date of service
Effect of serving s25 notice
parties acquire right to apply to cts for renewal or termination
T request for new tenancy s26 - conditions
only if current tenancy granted for term of 1year+
prescribed form or substantially
Grounds for opposition 7
A - T failure to repair
B - persistent delay in paying rent
C - substantial breach of other obligation
D - alternative accommodation M
E - combined rents of sub divided parts less than whole
F - demolition/reconstruction M
G - LL intention to occupy M
Grounds - A
T failure to repair
serious and unremedied at date of hearing
Grounds - B
persistent delay in paying rent
Must have fallen into arrears more than once
Grounds - C
substantial breach of other obligation
question of fact and degree
Grounds - D
alternative accommodation
Grounds - E
combined rents from sub divided parts substantially less than what could be obtained from single letting of whole - rarely used
