Blog

Hot Topic Highlight - Landlord & Tenant Act 1954



Building a better you


Property Elite’s sole aim is to build better property professionals - supporting your career every step of the way, whether you are an AssocRICS or RICS APC candidate or a MRICS or FRICS Chartered Surveyor simply seeking engaging CPD.


We provide a wide range of training and support, so why not find out more on our website about how we might be able to support you? We work with candidates across all RICS APC and AssocRICS pathways, routes to assessment and geographic regions.


Don’t forget to sign up online for your free 15 minute AssocRICS or RICS APC consultation, including a review of your referral report if you have been referred. You can also book your bespoke training or support services directly through our web shop.


Not sure about signing up? Make sure you read what our recent successful candidates have to say in our Testimonials.


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. 


How can we help?

  • Head to our blog archive to access even more free CPD and AssocRICS and RICS APC training and support.

  • Download your free AssocRICS and RICS APC resources, including e-books and revision quizzes.

  • Find out more about our bespoke AssocRICS and RICS APC training and support, before booking your free 15 minute consultation and signing up for your services online.

  • Not sure about signing up? Make sure you read what our recent successful candidates have to say in our Testimonials.


Stay tuned for our next blog post to help build a better you


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