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Hot Topic Highlight - Landlord & Tenant Act 1954

RICS APC and AssocRICS mandatory competency business planning

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Section 23:

  • Relates to application of the Act

  • Remember, to gain protection you need a tenancy of premises occupied by a tenant for business purposes (BOT)

  • Also relates to service of notice

Section 24: relates to continuation of a tenancy, which will not expire by the effluxion of time. A tenant will, therefore, continue to hold over until the relevant notice is served under the Act.

Section 24a: interim rent procedure.

Section 25: hostile or non-hostile landlord's notice.

Section 26: tenant's notice to renew.

Section 27: tenant's notice to quit.

Section 28: relates to renewal by agreement.

Section 29: relates to the Court Order for a new tenancy.

Section 30: landlord's grounds of opposition:

  • a - breach of repairing covenant

  • b - persistent delay in paying rent

  • c - other substantial breach

  • d - suitable alternative accommodation

  • e - uneconomic subdivision

  • f - demolition/reconstruction

  • g - own occupation

Section 31: dismissal of application for a new tenancy where a landlord successfully opposes.

Section 31A: relates to the grant of a new tenancy where S30 f applies and access is given to the landlord or an economically separate part is let to the tenant.

Sections 32-35: relate to the terms of the new lease, e.g. premises, term, rent and other clauses.

Section 36: relates to the procedure for a Court Order for a new tenancy.

Section 37: relates to compensation for disturbance, i.e. lease under 14 years attracts 1x Rateable Value and lease over 14 years attracts 2x Rateable Value.

Section 38:  contracting out either by standard (>14 days before lease commencement) or accelerated procedure (<14 days, requiring a statutory declaration). This means that the tenant does not have security of tenure.

Section 40: request for information by either the landlord or the tenant, served within 2 years of contractual expiry. Information must be provided within 1 month.

Section 43: relates to excluded tenancies under the Act.

Section 44: relating to the competent landlord, who is generally either the freeholder or an intermediate landlord (with over 14 months unexpired term remaining) if a sub-tenant has security of tenure. 

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N.b. Nothing in this article constitutes legal or financial advice.

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