L&T Act 1954 Flashcards
Key parts of the Act
What is the primary purpose of the Landlord and Tenant Act 1954?
The LTA 1954 provides security of tenure for tenants of commercial premises, giving them the right to renew their lease unless certain grounds for opposition by the landlord are met.
Which types of tenancies are excluded from the protection of the LTA 1954?
The following tenancies are excluded:
Agricultural tenancies.
Mining leases.
Tenancies granted for a term of six months or less (unless the tenant has been in occupation for more than 12 months).
Tenancies specifically contracted out of the Act
What is “security of tenure” under the LTA 1954?
Security of tenure refers to the tenant’s statutory right to remain in occupation and to request a new lease at the end of their term, subject to specific provisions in the Act.
What is the procedure for excluding a tenancy from the provisions of the LTA 1954?
o exclude a tenancy:
The landlord must serve a notice under Section 38A.
The tenant must provide a written declaration (or statutory declaration for short leases) confirming understanding and acceptance of the exclusion.
The exclusion must be incorporated into the lease agreement.
What rights does a tenant have under the LTA 1954 regarding lease renewal?
A tenant has the right to request a new lease under Section 26 of the LTA 1954, provided they have not breached their obligations and the tenancy has not been excluded from the Act.
What is the minimum notice period a tenant must give to request a new lease?
A minimum of six months’ notice is required, and the notice cannot be served more than 12 months before the lease end date.
Under which section of the LTA 1954 can a landlord oppose a lease renewal?
Section 30(1) outlines the grounds for opposition.
What is a Section 25 notice?
A Section 25 notice is served by the landlord to either terminate the tenancy or propose terms for renewal. It must be served between 6 and 12 months before the termination date.
When is a tenant entitled to compensation under the LTA 1954
A tenant is entitled to compensation if the landlord successfully opposes a lease renewal on specific grounds, such as redevelopment (Section 30(1)(f)), provided the tenant has occupied the premises for 14 years or more
What happens if the tenant or landlord fails to serve the required notice under the LTA 1954?
If neither party serves the appropriate notice, the tenancy will continue on the same terms as a periodic tenancy until notice is served.
How is compensation calculated under the LTA 1954
Compensation is based on the rateable value of the premises. If the tenant has been in occupation for 14 years or more, the compensation is doubled.
What are key considerations for a surveyor advising a client on LTA 1954 lease renewals?
Key considerations include:
Assessing eligibility for protection under the Act.
Reviewing the tenant’s compliance with lease obligations.
Preparing valuation evidence for rent negotiation.
Understanding the landlord’s grounds for opposition, if any.
Name a landmark case related to the LTA 1954.
Horne v. Chester & Fein Properties Ltd [1997] is a key case that clarified the landlord’s intention to redevelop under Section 30(1)(f).
What is the significance of the case O’May v City of London Real Property Co Ltd [1983]
It established principles for the terms of new leases under the LTA 1954, emphasizing that changes to terms must be fair and reasonable.
What are the grounds of opposition to renewing a lease s. 30 (1)
Tenant’s Failure to Repair (Section 30(1)(a)):
The tenant has not complied with their repairing obligations under the lease.
Persistent Delay in Paying Rent (Section 30(1)(b)):
The tenant has persistently delayed payment of rent, even if the arrears have eventually been paid.
Substantial Breaches of Lease Obligations (Section 30(1)(c)):
The tenant has committed substantial breaches of the terms of the lease, other than failing to repair.
Alternative Suitable Accommodation (Section 30(1)(d)):
The landlord can offer or has secured suitable alternative accommodation for the tenant.
Tenancy Created by Subletting (Section 30(1)(e)):
The tenancy was created through subletting part of the property, and the property is required for letting as a whole.
Landlord’s Intention to Redevelop (Section 30(1)(f)):
The landlord intends to demolish, reconstruct, or carry out substantial work on the property and could not reasonably do so with the tenant in situ.
Landlord’s Intention to Occupy (Section 30(1)(g)):
The landlord intends to occupy the premises for their own business or residential purposes.
