Qualifying Criteria for Lease Renewal

Question 1

What section of LTA 54?

Answer 1

s23

Question 2

What does s23 generally require?

Answer 2

Tenancy for business purpose

Question 3

s23 and fixed term tenancy

Answer 3

Tenant will be entitled to remain in occupation at the premises, and to request a new lease, at the end of the contractual term

Question 4

s23 and periodic tenancy

Answer 4

Tenant will have security of tenure and entitled to remain save that they are unable to request a new lease

Question 5

Key questions to determine satisfaction of s23

Answer 5

Is there a tenancy?

Does the tenancy relate to premises?

Are the premises occupied for the purpose of operating a business?

Is the business carried out by the tenant?

Does the tenancy fall within any of the specific exclusions? (what are these?)