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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.