Security of Tenure

Question 1

What is the application of the 1954 Act?

Answer 1

Applies to business tenancies only. A tenancy where the property is occupied by the tenant for the purpose of carrying on a business:
Tenancy - certainty of term and exclusive possession.
Occupation - tenant must occupy the premises to have security of tenure
Business - any business counts and people can stay in the property on a residential basis, but the business must still be a significant purpose of the lease

Question 2

What are the two layers of protection given by the 1954 Act to commercial tenants?

Answer 2

1. A commercial lease will continue after the CED until terminated by one of the ways set out in the 1954 Act.
2. Business tenants have a right to apply for a new tenancy on termination of the current tenancy.