the requirements specified in Schedule 2 to that Order are met. 5, F119S. The first date in the timeline will usually be the earliest date when the provision came into force. “mortgage” includes a charge or lien and “mortgagor” and “mortgagee” shall be construed accordingly; “notice to quit” means a notice to terminate a tenancy (whether a periodical tenancy or a tenancy for a term of years certain) given in accordance with the provisions (whether express or implied) of that tenancy; “repairs” includes any work of maintenance, decoration or restoration, and references to repairing, to keeping or yielding up in repair and to state of repair shall be construed accordingly; “statutory undertakers” has the same meaning as in [F184the Town and Country Planning Act 1971], F185 . (5)The court shall dismiss an application by the landlord under section 24(1) of this Act if the tenant informs the court that he does not want a new tenancy. (2)References in this Part of this Act to a notice to quit given by the landlord are references to a notice to quit given by the immediate landlord. . 1(1) (with art. . . in the case of a notice to quit, the notice was given before the tenant had been in occupation in right of the tenancy for one month; Neither the tenant nor the landlord may make an application under subsection (1) above if the other has made such an application and the application has been served. Subject to the following provisions of this section, an order under section 29 of this Act for the grant of a new tenancy shall be an order for the grant of a new tenancy of the holding; and in the absence of agreement between the landlord and the tenant as to the property which constitutes the holding the court shall in the order designate that property by reference to the circumstances existing at the date of the order. Opposition by landlord to application for new tenancy. (3)Subsections (4) to (7) of section sixteen of this Act shall with the necessary modifications apply for the purposes of this paragraph. This decision was followed in Bassairi Limited v London Borough of Camden,[3] where the tenant let out the bulk of the premises as furnished apartments. . 14 para. 2005/3226) , Sch. 1999/2323, art. 1(3), 21(1), F97Words in s. 38(2)(3) substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. . (2)Where a tenancy comes to an end by effluxion of time, the time for making such a claim shall be a time not earlier than six nor later than three months before the coming to an end of the tenancy. Here we outline the machinery for the … . . (6)The Commissioners of Inland Revenue may by statutory instrument make rules prescribing the procedure in connection with references under this section. . ], [F130(2)For the purposes of this Part of this Act, a person has a controlling interest in a company, if, had he been a company, the other company would have been its subsidiary; and in this Part—, “company” has the meaning given by [F131section 1(1) of the Companies Act 2006]; and, “subsidiary” has the meaning given by [F132section 1159 of that Act]. Where the property comprised in a tenancy consists of premises of which, the English Industrial Estates Corporation, is the landlord, being premises situated in a locality which is either—, certifies that it is necessary or expedient for achieving, the purpose mentioned in section 2(1) of the said Act of 1972, Where the court makes an order under Part II of this Act for the grant of a new tenancy of. 24 para. . . 1995/2963, art. ” has the same meaning as in the Licensing Act 2003 (see section 193 of that Act); ” has the same meaning as in the Licensing Act 2003 (see section 14 of that Act). . . . 5 para. 11E+WThe cost of making any such record as aforesaid shall, in default of agreement between the landlord and the tenant, be borne by them in equal shares. 51(1)(c) substituted (1.9.1995) by 1995 c. 8, ss. . 3 para. 10 paras. II (ss. B y section 24 of the Landlord and Tenant Act 1954, a business tenancy will continue until it is brought to an end by either common law (such as surrender or forfeiture) or by a statutory method (such as termination by a tenant under section 27). . (4)A “home business” is a business of a kind which might reasonably be carried on at home. Where on the making of an application to the county court for such a declaration the court is satisfied that the licence or consent was unreasonably withheld, the court shall make a declaration accordingly. 3 para. In this paragraph the expression “the immediate mesne tenancy”, in relation to the competent landlord or to a mesne landlord, means the tenancy on which his interest in those premises is immediately expectant. C1Act extended by Post Office Act 1969 (c. 48), s. 76, Sch. 35(4), 164(1) (with s. 35(5)); S.I. Jurisdiction of county court where lessor refuses licence or consent. . (2)In the following provisions of this section those of the joint tenants who for the time being carry on the business are referred to as the business tenants and the others as the other joint tenants. The competent landlord may serve on any other landlord a notice in the prescribed form requiring him to consent to the giving or making of any such notice or agreement as aforesaid; and if within one month after the service of a notice under this paragraph—. 2 (a), C56The “said Act of 1972” means the Local Employment Act 1972 (c. 5). 1(3) , 6(2), F65 S. 30(2A) inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. and if the tenant makes any such representations within the said twenty-one days the Minister or Board shall consider them before determining whether to give the certificate. 2(b); S.I. . . The landlord may terminate a tenancy to which this Part of this Act applies by a notice given to the tenant in the prescribed form specifying the date at which the tenancy is to come to an end (hereinafter referred to as “, the provisions of section 29B(4) of this Act and. 1(3), Sch. 6 repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. II (ss. In the last foregoing subsection the expression “. (3)For the purposes of subsection (1) of this section the question whether a tenancy (hereinafter referred to as “the superior tenancy”) is to be treated as having a duration at least five years longer than that of the relevant tenancy shall be determined as follows:—. 2(c) (with art. . ], F59S. . . . Description of each main section Learn with flashcards, games, and more — for free. 7 Pt. 15 (continued by Rent Act 1977 (c. 42), Sch. ], F104S. . . (a)where under the current tenancy the tenant has any obligations as respects the repair and maintenance of the holding, that the tenant ought not to be granted a new tenancy in view of the state of repair of the holding, being a state resulting from the tenant’s failure to comply with the said obligations; (b)that the tenant ought not to be granted a new tenancy in view of his persistent delay in paying rent which has become due; (c)that the tenant ought not to be granted a new tenancy in view of other substantial breaches by him of his obligations under the current tenancy, or for any other reason connected with the tenant’s use or management of the holding; (d)that the landlord has offered and is willing to provide or secure the provision of alternative accommodation for the tenant, that the terms on which the alternative accommodation is available are reasonable having regard to the terms of the current tenancy and to all other relevant circumstances, and that the accommodation and the time at which it will be available are suitable for the tenant’s requirements (including the requirement to preserve goodwill) having regard to the nature and class of his business and to the situation and extent of, and facilities afforded by, the holding; (e)where the current tenancy was created by the sub-letting of part only of the property comprised in a superior tenancy and the landlord is the owner of an interest in reversion expectant on the termination of that superior tenancy, that the aggregate of the rents reasonably obtainable on separate lettings of the holding and the remainder of that property would be substantially less than the rent reasonably obtainable on a letting of that property as a whole, that on the termination of the current tenancy the landlord requires possession of the holding for the purpose of letting or otherwise disposing of the said property as a whole, and that in view thereof the tenant ought not to be granted a new tenancy; (f)that on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised in the holding or a substantial part of those premises or to carry out substantial work of construction on the holding or part thereof and that he could not reasonably do so without obtaining possession of the holding; (g)subject as hereinafter provided, that on the termination of the current tenancy the landlord intends to occupy the holding for the purposes, or partly for the purposes, of a business to be carried on by him therein, or as his residence. Landlord and Tenant Act 1954 (aka Security of Tenure) is an act in England & Wales to provide the security of tenure to occupying tenants under certain leases. This shows the key sections of the Act and a brief summary of what they cover. (b)what premises are comprised in the sub-tenancy, for what term it has effect (or, if it is terminable by notice, by what notice it can be terminated), what is the rent payable thereunder, who is the sub-tenant and (to the best of the knowledge and belief of the person to whom the notice is given) whether the sub-tenant is in occupation of the premises comprised in the sub-tenancy or any part of those premises and, if not, what is the sub-tenant’s address. . . 2(7) added by Rent Act 1977 (c. 42), s. 155(2), Sch. . . Paragraph (c) of the foregoing subsection applies to any improvement carried out by a person who at the time it was carried out was the tenant, but only if it was carried out otherwise than in pursuance of an obligation to his immediate landlord and either it was carried out during the current tenancy or the following conditions are satisfied, that is to say,—, that it was completed not more than twenty-one years before the application, that the holding or any part of it affected by the improvement has at all times since the completion of the improvement been comprised in tenancies of the description specified in section 23(1) of this Act; and. 16E+WWhere an agreement or determination is varied under this Part of this Schedule, the foregoing provisions of this Schedule shall thereafter apply with the necessary modifications. . para. C16S. 2003/3096), art. Part II of the act is a statutory code governing business tenancies. . Pt. (b)in respect of the use of any premises for immoral or illegal purposes. (b)that the applicant is not the person who was the tenant at the time of the previous agreement or determination and that there are considerations arising out of the personal circumstances of the applicant which ought to be taken into account in determining the manner of making the payment. 15 (continued by Rent Act 1977 (c. 42), Sch. The competent landlord shall have power for the purposes of Part II of this Act to give effect to any agreement with the tenant for the grant of a new tenancy beginning with the coming to an end of the relevant tenancy, notwithstanding that the competent landlord will not be the immediate landlord at the commencement of the new tenancy, and any instrument made in the exercise of the power conferred by this sub-paragraph shall have effect as if the mesne landlord had been a party thereto. . where apart from this Part of this Act more than six months’ notice to quit would have been required to bring the tenancy to an end, the last foregoing subsection shall have effect with the substitution for twelve months of a period six months longer than the length of notice to quit which would have been required as aforesaid. . 5E+WAny compensation payable under section thirty-seven of this Act by the person representing the Duke of Cornwall or other the possessor for the time being of the Duchy of Cornwall shall be paid, and advances therefor made, in the manner and subject to the provisions of section eight of the M23Duchy of Cornwall Management Act 1863 with respect to improvements of land mentioned in that section. . 5 para. . . A contribution ordered under this paragraph shall be such as the court determines to be reasonable having regard to the difference between the rent under the relevant tenancy and the rent which, if the tenant retains possession, will be recoverable . 5, Sch. 4), Sch. F137Word in s. 57(3)(a) substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. The Landlord and Tenant Act 1954 governs the rights and obligations of landlords and tenants of premises which are occupied for business purposes. that amount shall be recoverable notwithstanding anything in sub-paragraph (2) of this paragraph; in a case falling within sub-paragraph (3) of this paragraph the said amount shall be recoverable in addition to the amount specified in that sub-paragraph; the time for recovery of the said amount shall, as well in a case falling within sub-paragraph (2) of this paragraph as in one falling within sub-paragraph (3) thereof, be that mentioned in the said sub-paragraph (3). Any form of notice required by this Act to be prescribed shall be prescribed by regulations made by the Lord Chancellor by statutory instrument. 15 (continued by Rent Act 1977 (c. 42), Sch. in subsection (1) of section seven, in the definition of the expression “lease”, for the words “twenty-one years or more” there shall be substituted the words “seven years or more, not being a lease of an agricultural holding within the meaning of the Agricultural Holdings Act, 1948”. (i)in the case of regulations made by the Secretary of State, a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament. 2009/1941), art. (3)In this Part of this Act the expression “the dwelling-house” means the premises agreed between the landlord and the tenant or determined by the court,—. Security of tenure is a statutory right, allowing a tenant … 2003/3096), arts. 1 paras. ]. . if the agreement or determination is made before the term date of the former tenancy, to be the premises which are likely to be the premises qualifying for protection. 7 para. 1, 1E+WIn this Schedule the following expressions have the meanings hereby assigned to them in relation to a tenancy (in this Schedule referred to as “the relevant tenancy”), that is to say:—. Words in s. 30(1) substituted (1.6.2004) by, S. 30(1)(b) modified (temp.) 15 repealed by Rent Act 1968 (c. 23), Sch. . The reference in subsection (1) above to a person who is the owner of an interest such as is mentioned in that subsection is to be construed, where different persons own such interests in different parts of the property, as a reference to all those persons collectively. Act, 1954 SCHEDULES: First Schedule-Supplementary Provisions as to Pay- ments for Accrued Tenant's Repairs. 1(3), 8. 10 para. 30), F5S. 12(2), Sch. . 11 (with s. 37). 5 para. . 23-46) excluded (1.11.1993) by 1993 c. 28, s. 59(2)(b)(ii); S.I. 1991/724, art. . [F74(2A)If this Part of this Act applies by virtue of section 23(1A) of this Act, the reference in subsection (1)(d) above to the tenant shall be construed as including—, (a)a company in which the tenant has a controlling interest, or, (b)where the tenant is a company, a person with a controlling interest in the company. (a)shall be made during the currency of the landlord’s notice proposing a statutory tenancy and not earlier than two months after the giving thereof, so however that if the tenant has elected to retain possession it may be made at a time not earlier than one month after the giving of the notice; (b)subject to the provisions of the last foregoing subsection, shall not be made for the determination of any matter as to which agreement has already been reached between the landlord and the tenant. (8)In this section and section 24D of this Act “the relevant tenancy” has the same meaning as in section 24A of this Act. (a)if the term date of the relevant tenancy has not passed, that date; (b)if that date has passed, and no notice has been given under subsection (1) of section four of this Act to terminate the relevant tenancy, the earliest date at which that tenancy could be brought to an end by such a notice; (c)if such a notice has been given, the date of termination specified in the notice. . (6)Where in any such proceedings an assessor is summoned by a judge under the said subsection (1),—. ], F40S. ” has the meaning assigned to it by subsection (3) of section twenty-three of this Act; “interim rent” has the meaning given by section 24A(1) of this Act; For the purposes of this Part of this Act, a person has a controlling interest in a company, if, had he been a company, the other company would have been its subsidiary; and in this Part—, S. 46 renumbered (1.6.2004) as s. 46(1) by, Words in s. 46(2) substituted (1.10.2009) by. (2)In the case of a tenancy continuing by virtue of any provision of this Act after the coming to an end of the interest in reversion immediately expectant upon the termination thereof, subsection (1) of section one hundred and thirty-nine of the M15Law of Property Act 1925 (which relates to the effect of the extinguishment of a reversion) shall apply as if references in the said subsection (1) to the surrender or merger of the reversion included references to the coming to an end of the reversion for any reason other than surrender or merger. 1, F54S. if the agreement or determination is made on or after the term date of the former tenancy, to be the premises which as respects that tenancy are the premises qualifying for protection. 1(3), 9, F74S. . . [1], There are some exceptions from the Act. . . Where it is determined by the court that a payment for accrued tenant’s repairs is to be payable otherwise than by instalments, the court may determine that any specified part of the payment shall become payable when any specified part of the relevant initial repairs has been completed. 2015/1689, reg. . 6(1)Where the landlord’s interest in the property comprised in a tenancy which, immediately before the commencement of this Act, was terminable by less than six months’ notice to quit given by the landlord belongs to or is held for the purposes of a Government Department or is held by statutory undertakers, the tenancy shall have effect as if that shorter length of notice were specified in such an agreement as is mentioned in subsection (2) or (3) of section fifty-eight of this Act, as the case may be, and the agreement were embodied in the tenancy.E+W. 1 para. Where subsection (1) of section ten of this Act applies, any terms to which this paragraph applies shall cease to have effect in so far as they relate to the premises constituting the dwelling-house, and any liability of the competent landlord or any mesne landlord or of any predecessor in title of the competent landlord or of any mesne landlord, under any such terms, in so far as it related to those premises and was a liability subsisting at the termination of the relevant tenancy, shall be deemed to have been extinguished on the termination of that tenancy. . . (ii)any son or daughter of his over eighteen years of age. (4)A lease executed or agreement made under this section, in a case where the interest of the lessor is subject to a mortgage, shall be deemed to be one authorised by section ninety-nine of the M3Law of Property Act 1925 (which confers certain powers of leasing on mortgagors in possession), and subsection (13) of that section (which allows those powers to be restricted or excluded by agreement) shall not have effect in relation to such a lease or agreement. . . 64 excluded by 1967 c. 88, Sch. (a)the property to be comprised in the new tenancy (being either the whole or part of the property comprised in the current tenancy); (b)the rent to be payable under the new tenancy; and, F48Words in s. 25(1) inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. . 15, F27Words restored by Leasehold Reform Act 1967 (c. 88), s. 39(2), Sch. (5)Any statutory instrument under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (a)if a notice given under subsection (1) of section twenty-five of this Act specifies as the date of termination a date not earlier than the date specified in the certificate and contains a copy of the certificate [F137subsection] (6) of that section shall not apply to the notice and no application for a new tenancy shall be made by the tenant under [F138subsection (1) of]section twenty-four of this Act; (b)if such a notice specifies an earlier date as the date of termination and contains a copy of the certificate, then if the court makes an order under Part II of this Act for the grant of a new tenancy the new tenancy shall be for a term expiring not later than the date specified in the certificate and shall not be a tenancy to which Part II of this Act applies. 3(1)(a), F15Ss. 1993/2134, art. 4 para. . . 1, s. 56(2G)(b) (as inserted (1.1.2007) by Pastoral (Amendment) Measure 2006 (No. The grounds on which an agreement or determination may be varied on an application under the last foregoing paragraph are the following:—, that the expenditure reasonably incurred by the landlord in carrying out the relevant initial repairs substantially exceeded the estimated cost thereof; or. . 21(2), 22, C9Pt. . . if within the period of six months beginning with the date of service of the notice that person becomes aware that any information which has been given in pursuance of the notice is not, or is no longer, correct, to give the appropriate person correct information within the period of one month beginning with the date on which he becomes aware. 1998/2244, art. Where in accordance with the last foregoing sub-paragraph, or with that sub-paragraph as applied by the following provisions of this sub-paragraph, any sum is recoverable from a person, the last foregoing sub-paragraph shall with the necessary modifications apply as between him and the person entitled to the interest (if any) which in relation to him is the immediate mesne tenancy or, if such an interest formerly subsisted but has come to an end, as between him and the person last entitled to that interest. (6)Notwithstanding anything in subsection (1) of this section, if at any time the interest which apart from this subsection would be the interest of the landlord is an interest not bound by this Part of this Act and is not the interest of the immediate landlord, then as respects that time the expression “the landlord” means in this Part of this Act (subject to the provisions of subsection (2) of this section) the person (whether or not he is the immediate landlord) who has the interest in the property comprised in the relevant tenancy immediately derived out of the interest not bound by this Part of this Act. 2015/994, art. . 5. Subject to subsection (2A) below, where the landlord is a company and a person has a controlling interest in the company, the reference in subsection (1)(g) above to the landlord shall be construed as a reference to the landlord or that person. . . . . . III para. in the case of regulations made by the Secretary of State, a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament. . the tenant is willing to accept a tenancy of an economically separable part of the holding and either paragraph (a) of this section is satisfied with respect to that part or possession of the remainder of the holding would be reasonably sufficient to enable the landlord to carry out the intended work. Where any sum in respect of a payment for accrued tenant’s repairs has been recovered in advance of the carrying out of the relevant initial repairs, then in any case where paragraph 4 or 11 of this Schedule applies such repayment shall be made as may be just. (2)In the last foregoing subsection the expression “good repair” means good repair as respects both structure and decoration, having regard to the age, character and locality of the dwelling-house. 2003/3096), arts. . 25(6)-(8) substituted for s. 25(6) (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. . The cost of making any such record as aforesaid shall, in default of agreement between the landlord and the tenant, be borne by them in equal shares. if a certificate is given, the court shall on the application of the landlord determine as a term of the new tenancy that it shall be terminable as aforesaid, and section twenty-five of this Act shall apply accordingly. 62(1) repealed by Industrial Expansion Act 1968 (c. 32), Sch. If, while an order under paragraph 1 of this Schedule is in force, it is agreed between the landlord and the tenant that the initial repairs in question have been carried out as mentioned in the last foregoing paragraph, the order shall be discharged by virtue of that agreement in the like manner as if it had been discharged by the court. Section 30(1) Landlord and Tenant Act 1954 (“LTA 1954”) sets out 7 grounds upon which a commercial landlord can oppose the grant of a new lease to a commercial tenant who, provided they satisfy the requirements of Part 2 LTA 1954… ], [F120(4)This Part does not apply to a tenancy—, (a)the primary purpose of which is to grant code rights within the meaning of Schedule 3A to the Communications Act 2003 (the electronic communications code), and, (b)which is granted after that Schedule comes into force. Show timeline of changes: see how this legislation has or his predecessors in have. 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