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...

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...

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 deals with compensation payable to the tenant in two different sets of circumstances: Where the tenant is unable to obtain a new tenancy because the landlord is objecting on grounds (e), (f) or (g); Where the landlord gets the property back after he has made...

Topics covered on this page are: Introduction The main principles as set out in the leading case of O'May. Variable service charge imposed. Authorised guarantee agreements - can they be imposed? Introduction When a new is granted what should be its terms? There are...

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...

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...

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...

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....

Section 26 Relevant statutory provisions Section 26(2) of the Landlord and Tenant Act 1954 provides: "A tenant-s request for a new tenancy shall be for a tenancy beginning with such date, not more than 12 nor less than 6 months after the making of the request, as may...