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...
Business Lease Renewal
Contracting out
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 on renewal
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...
Ground (c)
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...
Insolvency of landlord
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...
Rent and duration
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...
Electronic Communications Code
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...
Ground (b)
Hazel v Akhtar [2001] EWCA Civ 1883 Facts Landlord opposed tenants application for a new lease on grounds (a) and (b) of s30; i.e. disrepair and persistent delay in paying rent. These are discretionary grounds. The rent was payable quarterly in advance. The tenant had...
Ground (f)
Relevant statutory provision The ground set out in Landlord and Tenant Act 1954, s30(1)(f) provides: "that on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised in the holding or a substantial part of those...
Ground (g)
Introduction Section 30(1)(g) of the 1954 Act provides the following as a ground entitling the landlord to resist an order for a new lease: "that on termination of the current tenancy the landlord intends to occupy the holding for the purposes of a business carried on...