Provides security of tenure
Landlord and Tenant Act 1954
Landlord and Tenant Act 1925
Law of Property Act 1925
Law of Property Act (Miscellaneous Provisions) 1989
Lease can only be terminated in one of the ways set out in the act - if not then a continuation lease will arise automatically when contractual lease terminates
Stated in section 24 of L&T Act 1954
Stated in section 26 of L&T Act 1954
Stated in section 27 of L&T Act 1954
Stated in section 29 of L&T Act 1954
Stated in section 23 of L&T Act 1954
To which leases does the LTA 1954 apply?
Fixed term leases of 6 months or less
Tenancies at will
Agricultural leases
Licences
A tenancy where premises are occupied for the purposes of a business
Section 23
Section 22
Section 24
Section 26
Section 29
Tenant must be in occupation on date contractual terms expires in order for LTA 1954 to apply
As an employee
When premises being fitted out
When away for short period and storing goods on premises
Sub-let
LTA 1954 define for the purposes of business as
any trade, profession or vocation
any work
any work, act or skill
Court
any activity carried on for payment
Business and residential: Is business use significant purpose of T's occupation
Using premises
Contracting out of LTA 1954
Where L + T agree act will not apply to lease
L must serve notice on T before T enters lease warning that T about to give up rights to security of tenure
Contracting lease out to client (sub-letting)
L must not serve notice on T before T enters lease warning that T about to give up rights to security of tenure
Where L + T agree act will apply to lease
T must make declaration received health warning notice and accepts consequences
Ordinary declaration - written statement - 14 days before lease starts
Ordinary declaration - written statement - Less than 14 days before lease starts
Statutory declaration - signed written statement in presence of solicitor - Less than 14 days before lease starts
Statutory declaration - signed written statement - Less than 14 days before lease starts
Continuation Lease
Section 24 LTA 1954 states - arises automatically if failure to terminate
Lease continues on same terms
Section 25 LTA 1954 states - arises automatically if failure to terminate
Section 23 LTA 1954 states - arises automatically if failure to terminate
New lease set up
How can a lease protected by LTA 1954 be terminated in accordance with the Act?
Forfeiture
Surrender
Notice to quit periodic lease by tenant
Notice served in break clause
Using a statutory notice procedure
Merger
Effluxion of time
L serves notice to terminate contractual or continuation lease
Section 25
Section 27
T must serve notice to terminate contractual or continuation lease with no renewal lease
T must serve notice to terminate contractual or continuation lease & obtain renewal lease
The Landlord's reason for terminating the lease (section 25)
To recover possession of premises
Terminate continuation lease and grant renewal lease
Continuation lease seen as temporary
L may not wish to recover possession of premises
The section 25 notice
Must be in writing and in prescribed form
Must be oral agreement in prescribed form
Must contain date of termination
L's grounds of opposition
L's proposals for terms of new lease
New lease creates certainty for T
Must be oral agreement and in prescribed form
Likely to increase rent
Section 26 must contain
Commencement date of new lease
T's proposals for new lease
Landlord's counter notice necessary if they want to oppose Tenant's request for new lease
Contain grounds of opposition
Must be served with 2 months of Tenant's request
Failure to oppose section 26 request will not result in the grant of a new lease
Section 27 notice
Fixed term leases only
Tenant must give 3 months notice in writing
T must give 2 months notice in writing
Periodic Leases only
Used if terminating lease after end of contractual term
Section 27 (1)
Section 27 (2)
Used if terminating lease at end of contractual term
