Relationship between 1954 Act and the LRA Article: "Get in on the action - and get registered" by Malcolm Dowden, Charles Russell - An interesting article considering the relationship between the two Acts. In particular Malcolm suggests that a tenant applying for a...

This page contains cases dealing with the contracting out provisions of Part II of the 1954 Act. There was a fundamental change in the procedures in 2004, which are now contained in s38A of the Landlord and Tenant Act 1954 and Schedule 2 of Regulatory Reform (Business...

Easements and rights on lease renewal Some practical points By John Martin Introduction To tenants of most business premises, the right to lease renewal under the Landlord and tenant Act 1954 (-1954 Act-) would be of little value unless they were also guaranteed...

Use or management Flouting the law at the premises Fowles v Heathrow Airport Ltd [2008] EWCA Civ 1270 Facts This was an application for a new lease. L objected on the ground set out in s30(1)(c), which states: -that the tenant ought not to be granted a new tenancy in...

Application for new lease Landlord in administration Somerfield Stores Limited v Spring (Sutton Coldfield) Limited [2009] EWHC 2384 (Ch) Summary An application by a tenant for a new lease under Part II of the 1954 Act is a "legal process" within paragraph 43, Schedule...

Introduction Section 33 - Duration of new tenancy. Section 33 is the following terms: "Where on an application under this Part of this Act the court makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be agreed between the...

New Electronic Communications Code An overview Article by Thekla Fella, Partner with Fladgate LLP (www.fladgate.com). After a long wait, the new Electronic Communications Code came into force in December 2017. The new Code is a complete replacement of the existing...

This page contains information relating to various topics to consider when deciding whether or not Part II of the 1954 Act applies to the tenancy: Occupation - amount required. Periods at the beginning or end of the term when there is a limited amount of occupation....

Forms Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 (SI 2004/1005). The forms that should be used are contained in these regulations. There are two main s25 notices. Form 1; to be used when the landlord does not oppose a new tenancy. The landlord...

Surrender of a Part II tenancy Gibbs Mew plc v Gemmell [1998] EWCA Civ 1262 Introduction It is very important to distinguish between actual surrender and an agreement to surrender: 24(2) "The last foregoing section shall not prevent the coming to an end of a tenancy...