LTA 1954 Flashcards
Grounds for opposition for grant of new lease (s.30)
A) breach in repairing covenants
B) rent arrears
C) breach of lease terms
D) landlord able to provide alternative accommodation
E) tenant created by subletting
F) landlord intends to demolish the property
G) landlord intends to occupy
What’s is s.23 LTA 1954?
To obtain protection under the act there must be a business tenancy (6 elements) :
- It is a tenancy
- Premises used for business
- Occupation of at least part
- Occupation for more than 6 months
- Not a TAW or service tenancy
- Must be a competent LL (landlord with more than 14 months to run)
What is S.25 LTA 1954?
Landlords notice to end the lease (hostile) or seek a new one (friendly) on new terms
Timing for S.25
No more than 12 months no less the 6 months from when the Landlord wishes for the tenancy to end
Following what grounds for opposition would the tenant be entitled to compensation?
E) tenant created by subletting
F) demolition
G) owner occupation
What’s is a S.26
Tenants notice to seek a new lease
When will the new lease be granted under S.26?
No more than 12 months no less than 6 months after the request
How long does the landlord have to respond to the tenants S.26 notice?
2 months
What is a S.27 of the LTA 1954
Tenants notice to end the lease
CPD?
Man Ltd v Back Inn Timer Diner Ltd (2023)
S.30(1)(f) LTA 1954 landlord must be able to support the intentions of redevelopment with the ability to do so eg funding and applications to council
What happens to the rent after the lease expiry?
Interim rent is put in place (S.24A). Earliest date to serve is date of S.25 or S.26, latest date is 6 months after the termination date.
Based on an annual tenancy on market rent
3rd part options for 1954 act lease renewals?
- County Court
- Professional Arbitration on Court Terms (PACT)
What is a ‘health warning’ for lease renewals?
Landlord must serve a health warning to the prospective tenant warning that the lease will not be protected, with the tenant subsequently declaring their agreement within 14 days.
Details on S.27 notice and it being served?
Must be served on the competent landlord and in writing.
S.27(1) the tenant must serve no less than 3 months notice
S.27(1a) is when the tenant wishes to vacate on the expiry date or before, however, the lease will end on the expiry.
S.27(2) is when the tenant wishes to vacate after the expiry (no less than 3 months notice)
What defines a competent landlord?
under the LTA 1954 act the landlord must be in a position to oppose or grant a new tenancy and have at least 14 months left on their ownership
