Registration of claim
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 new tenancy under the 1954 Act should protect the claim by entering a notice of the claim on the landlord's title. (Estates Gazette, 4 October 2003).
For what is worth my own, current view, on the relationship between the two sets of legislation is as follows:
- If the original fixed term tenancy was for a term of more than seven years (and thus registered) the continuation tenancy will continue to be protected by the original registration.
- If the tenancy is protected by a notice (which is permitted where the tenancy is for more than 3 years but seven years or less) the continuation tenancy will continue to be protected so long as the notice remains on the register.
- If the tenancy is overriding (7 years or less) it will continue to be an overriding interest under the continuation tenancy even if more than seven years has passed because it was (and is) a lease that was "granted for a term not exceeding seven years" (LRA, Schedules 1 and 3, para 1); ie it was originally granted for seven years or less and by operation of the 1954 Act it is still the same tenancy.
- The continuation tenancy continues until three months after the court order: s64 of the 1954 Act.
- Whoever is the landlord at the date of the order or indeed afterwards is required under the 1954 Act to give effect to the order by the grant of the new tenancy (s44 and schedule 6 of the 1954 Act).