Security of tenure - Landlord and Tenant Act 1954 Part 2 Flashcards
Security of tenure under the LTA 1954 Part 2 gives?
a business tenant the right to stay in the property AFTER the expiry of the contractual term
AND the right to apply for a new tenancy.
Security of tenure -
Any such application by the tenant CAN only be denied on?
limited statutory grounds
Application of the LTA 1954 Act:
Tenant MUST have a tenancy AND occupy the property for business purposes under a lease WHICH HASN’T been excluded from protection
AND provided the parties HAVEN’T contracted out of the LTA 1954.
Protected tenancy CAN’T be terminated OTHER than as follow (s.30 grounds):
Tenant has breached its repairing obligations
Tenant’s persistent delay in paying rent.
Tenant’s substantial breach of other obligations.
Landlord has offered suitable alternative accommodation
Tenancy is an underletting of part AND the landlord needs possession for letting OR disposing of the property as a whole.
Landlord intends to demolish OR reconstruct the property AND needs possession.
Landlord intend to occupy the holding for its own business OR its residence.
Renewal (s.26 request):
*Protected tenant who wants to renew the tenancy AFTER the contract contractual expiry date MUST serve a s.26 request for a new tenancy on the landlord.
*Tenant SHOULD make an application to the court BEFORE the date for commencement of the new tenancy stated in the s.26 request OR the termination date stated in the s.25 notice.
*IF landlord HASN’T served a s.25 notice OR a valid counter notice to a s.26 request, the older tenancy will continue.
Termination (s.27 notice) -
Contractual expiry date:
protected tenant who wants to terminate the lease on the contractual expiry date MUST serve a s.27 notice on the landlord giving 3 months’ prior notice OR cease to occupy the property by the end of the lease.
Termination (s.27 notice) -
AFTER contractual expiry date:
protected tenant who wants to terminate the lease
AFTER the lease after the contractual expiry date MUST serve s.27 notice on the landlord giving 3 months’ notice OR agree a surrender of the lease with the landlord.
Termination by the landlord (s.25 notice):
s.25 notice is served by a landlord that wished to regain possession.
The landlord MUST serve a s.25 notice on the tenant terminating the lease ON OR AFTER the contractual expiry date on s.30 grounds.
Notice MUST be given NOT LESS THAN 6 months OR more than 12 months BEFORE the date specified in the notice for termination of the tenancy.
Specified date CAN’T be BEFORE tenancy WOULD HAVE expired at common law.
Landlord’s Grounds of Opposition:
Landlord who has been served a s.26 request from a protected tenant AND who opposes renewal MUST serve a counter-notice on the tenant within 2 months of the s.26 request stating the s.30 grounds of opposition to the renewal request.
Terms of a new lease:
Either party can apply to the court for interim rent WHILE renewal proceedings are continuing.
The terms of the new lease are normally agreed between the parties.
IF new lease is set by the court, the renewal lease will be on similar terms AND conditions of the old lease specifying:
*Property demised.
*Duration (not exceeding 14 years)
*Rent (open market rent as at the date of renewal)
*Any other reasonable terms.
Availability of compensation:
Landlord WILL have to pay compensation to the tenant IF the new tenancy is refused
UNLESS the refusal is one of the established grounds where the tenant is at fault (a, b, or c)
OR where alternative accommodation is provided (d).
