Relief for mesne landlord against damages for breach of covenant, The provisions of the next following sub-paragraph shall have effect where, in the case of a tenancy to which section one of this Act applies,—, the competent landlord is not the immediate landlord, and, the competent landlord has brought proceedings against a mesne landlord to enforce a right to damages in respect of a failure to comply with any terms of the mesne landlord’s tenancy, and, the mesne landlord has made application in the proceedings for relief under this paragraph, and. 2003/3096), art. that at the termination of each of those tenancies the tenant did not quit. “date of termination” has the meaning assigned to it by subsection (1) of section four of this Act; “the dwelling-house” has the meaning assigned to it by subsection (3) of section six of this Act; “election to retain possession” has the meaning assigned to it by subsection (6) of section four of this Act; “former tenancy” has the meaning assigned to it by subsection (1) of section six of this Act; “initial repairs” has the meaning assigned to it by subsection (1) of section eight of this Act; “the landlord” has the meaning assigned to it by the last foregoing section; “landlord’s notice proposing a statutory tenancy” and “landlord’s notice to resume possession” have the meanings assigned to them respectively by subsection (5) of section four of this Act; “long tenancy” has the meaning assigned to it by subsection (4) of section two of this Act; “payment for accrued tenant’s repairs” has the meaning assigned to it by subsection (1) of section eight of this Act; “the period of the statutory tenancy” has the meaning assigned to it by subsection (6) of section seven of this Act; “premises qualifying for protection” has the meaning assigned to it by subsection (3) of section three of this Act; “qualifying condition” has the meaning assigned to it by subsection (1) of section two of this Act; [F37 “the Rent Act” means [F38the M2Rent Act 1977] as it applies to regulated tenancies but exclusive of [F38Parts II to V] thereof;]. . . 5, Sch. 4), House of Commons Disqualification Act 1957 (c. 20), Local Democracy, Economic Development and Construction Act 2009 (c. 20), Town and Country Planning Act 1971 (c. 78), Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), Universities and College Estates Act 1964 (c. 51), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 1(3), 13, F41Words in s. 23(4) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. . . 7(1)Where under Part I of this Act the competent landlord is required by an agreement, or by a determination of the court, to carry out initial repairs to any premises, he may serve on any mesne landlord a notice requiring him to pay to the competent landlord a contribution towards the cost reasonably incurred by the competent landlord in carrying out those repairs, if and in so far as that cost is not recovered by way of payment for accrued tenant’s repairs and is not recoverable (apart from this sub-paragraph) otherwise than by way of such payment.E+W. . 3 para. . 3 para. . . T is the term, expressed in years, granted by the tenancy (disregarding any right to terminate the tenancy before the end of the term or to extend the tenancy). Property Holdings Ltd[2] the House of Lords considered the situation of a lease of a market hall to a tenant who then let individual market stalls to market traders. 59(1B) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 5 para. . (2)If at the expiration of the period within which an application under the last foregoing section may be made the landlord has not made such an application, the landlord’s notice, and anything done in pursuance thereof, shall thereupon cease to have effect. In the last foregoing subsection the reference to the effective date of an order is a reference to the date on which the order is to take effect according to the terms thereof or the date on which it ceases to be subject to appeal, whichever is the later. This Part of this Act does not apply to a home business tenancy. 23-46) excluded (1.8.2000) by. (6)The landlord may not withdraw an application under subsection (2) above unless the tenant consents to its withdrawal. F134Words substituted by by virtue of County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 43(1)(d) substituted by Finance Act 1959 (c. 58), Sch. The Landlord and Tenant Act 1954 (LTA 1954) is an important piece of legislation affecting a large number of properties and a considerable section of the community. 2 para. . A Section 25 notice is named after the section in the Landlord and Tenant Act 1954 which includes the information that a Landlord needs to provide to the Tenant … 1, Sch. . (a)that he has taken all reasonable steps to communicate with the person last known to him to be the tenant, and has failed to do so, (b)that during the period of six months ending with the date of the application neither the tenant nor any person claiming under him has been in occupation of the property comprised in the tenancy or any part thereof, and. Where a person who is an owner of an interest in reversion expectant (whether immediately or not) on a tenancy of any business premises has served on the tenant a notice in the prescribed form requiring him to do so, it shall be the duty of the tenant to give the appropriate person in writing the information specified in subsection (2) below. In so far as any cost reasonably incurred by the competent landlord in carrying out repairs specified in accordance with the last foregoing sub-paragraph is not recovered by way of payment for accrued tenant’s repairs and is not recoverable (apart from this sub-paragraph) otherwise than by way of such payment, it shall be recoverable by the competent landlord from the person whose consent was or is deemed to have been given subject to the condition or (if he is dead) from his personal representatives as a debt due from him at the time of his death. . . A notice under subsection (1) of this section shall not have effect unless it specifies the premises which the landlord believes to be, or to be likely to be, the premises qualifying for protection and either—, it contains proposals for a statutory tenancy, as defined by subsection (3) of section seven of this Act, or. 13, F9Words in s. 2(7) inserted (1.4.1993) by S.I. A statutory instrument containing an order under subsection (8) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. Where a tenancy is terminated by a landlord’s notice proposing a statutory tenancy, had been a tenancy of the dwelling-house, as hereinafter defined, and. 1(3), 17(2), F131Words in s. 46(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. The grounds on which a landlord may apply to the court for possession of the property comprised in a tenancy to which section one of this Act applies are the following:—. A notice under the last foregoing subsection shall not have effect unless it is given not more than twelve nor less than six months before the date of termination specified therein. . (iv)the father, or mother, of his spouse or civil partner. 8, 9, C25Pt. 1, 2, 7, 9, 10 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. (2)In the following provisions of this section those of the joint tenants who for the time being carry on the business are referred to as the business tenants and the others as the other joint tenants. 14 , para. 1, 6); S.I. II (ss. 3(1)Where in the four next following paragraphs reference is made to other landlords or to mesne landlords, the reference shall be taken not to include a mesne landlord whose interest is due to expire within the period of two months beginning with the relevant date or is terminable within that period by notice to quit given by his landlord.E+W, (2)In this paragraph the expression “the relevant date” means—. 15 (continued by Rent Act 1977 (c. 42), Sch. . (7)In determining the interim rent under subsection (6) above the court shall have regard—, (a)to the rent payable under the terms of the relevant tenancy; and. 2, Sch. Subsections (2) and (3) of section thirty-eight of this Act shall apply to compensation under this section as they apply to compensation under section thirty-seven of this Act. (a)that the tenancy shall not come to an end on the date of termination specified in the landlord’s notice but shall continue thereafter, as respects the whole of the property comprised therein, at the same rent and in other respects on the same terms as before that date; (b)that unless the tenancy comes to an end before the postponed date, the tenant shall on that date give up possession of all the property then comprised in the tenancy. . 2003/3096), arts. Where by virtue of any certificate given for the purposes of either of the two last foregoing sections, or, subject to subsection (1A) below, section 60A below, No compensation shall be recoverable under subsection (1) above where the certificate was given under section 60A below and either—, the premises vested in the Welsh Development Agency under section 7 (property of Welsh Industrial Estates Corporation) or 8 (land held under. The length of any such notice shall be not less than one month nor less than the length of the notice by which the tenant could apart from this Act have brought the tenancy to an end at the term date thereof. 1995/2950, art. The amount of any compensation under this paragraph shall, in default of agreement, be determined by the court on the application of the person claiming it. [F35In this subsection “interest not bound by this Part of this Act” means an interest which belongs to Her Majesty in right of the Crown and is not under the management of the Crown Estate Commissioners or an interest belonging to a government department or held on behalf of Her Majesty for the purposes of a government department. (i)if the date specified in the certificate is not later than that specified in the tenant’s request for a new tenancy, the tenant shall not make an application under section twenty-four of this Act for the grant of a new tenancy; (ii)if, in any other case, the court makes an order under Part II of this Act for the grant of a new tenancy the new tenancy shall be for a term expiring not later than the date specified in the certificate and shall not be a tenancy to which Part II of this Act applies; (b)if no such certificate has been given but notice under subsection (2) of this section has been given before the making of the request or within two months thereafter, the request shall not have effect, without prejudice however to the making of a new request when the Minister or Board has determined whether to give a certificate. 37A inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. . 13 para. The Landlord and Tenant Act 1954 (the Act) was created to provide security of tenure to Business Tenants. 1999/2323, art. . 1(3), 21(2), Sch. in respect of the use of any premises for immoral or illegal purposes, During the period of the statutory tenancy no order shall be made for the recovery of possession of the dwelling-house from the tenant, in any of the circumstances specified in Cases 1 to 3 in, Provisions as to possession on termination of long tenancy. A claim that a person has broken any duty imposed by section 40 of this Act may be made the subject of civil proceedings for breach of statutory duty; and in any such proceedings a court may order that person to comply with that duty and may make an award of damages. ], F158S. Nothing in section twenty-four of this Act shall affect the operation of the said section one hundred and twenty-one. (6)Where in any such proceedings an assessor is summoned by a judge under the said subsection (1),—. 1, Act modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 23 para. in the case of a holding comprising licensed premises, any addition to its value attributable to the licence, if it appears to the court that having regard to the terms of the current tenancy and any other relevant circumstances the benefit of the licence belongs to the tenant. (b)the landlord or the tenant shows to the satisfaction of the court that the terms of the new tenancy differ from the terms of the relevant tenancy to such an extent that the interim rent under that subsection is substantially different from the rent which (in default of such agreement) the court would have determined under section 34 of this Act to be payable under a tenancy which commenced on the same day as the new tenancy and whose other terms were the same as the relevant tenancy. . do not permit a business other than a home business to be carried on in the dwelling-house. Here we outline the machinery for the working of … Both parties can agree not to be covered. 20(4), 21, 22. The provisions of the next following subsection shall have effect where, in the case of a tenancy to which section one of this Act applies,—. . Where the form of a notice to be served on persons of any description is to be prescribed for any of the purposes of this Act, the form to be prescribed shall include such an explanation of the relevant provisions of this Act as appears to the Lord Chancellor requisite for informing persons of that description of their rights and obligations under those provisions. by virtue of an agreement or of a determination of the court the landlord is required to carry out initial repairs to the dwelling-house. 15 (continued by Rent Act 1977 (c. 42), Sch. (b)in respect of the use of any premises for immoral or illegal purposes. 2003/3096), arts. (c)the court makes an order for the recovery by the superior landlord of possession of the property comprised in the tenancy. . 30(2) excluded (21.6.2006) by HBOS Group Reorganisation Act 2006 (c. i), s. 21(1). 2(2), 26(1)(2)); S.I. 3, F101Words substituted by Land Compensation Act 1973 (c. 26), s. 47(3). . (2)In the last foregoing subsection the expression “good repair” means good repair as respects both structure and decoration, having regard to the age, character and locality of the dwelling-house. 2003/3096), arts. (5)For the purposes of this paragraph initial repairs shall be deemed to be no longer required after the end of the period of the statutory tenancy if, and only if, it is shown that the dwelling-house, in whatever state of repair it may then be, is at or shortly after the end of that period to be pulled down, or that such structural alterations are to be made in the dwelling-house as would render those repairs valueless if they were completed. 2003/3096), art. Grounds for resumption of possession by landlord. Turning this feature on will show extra navigation options to go to these specific points in time. 1–22) modified by S.I. . Show Timeline of Changes: I, F16Ss. . Occupation or the carrying on of a business—, by a company in which the tenant has a controlling interest; or. . F190. ], F104S. (3)The said Act of 1938 shall apply where there is an interest belonging to Her Majesty in right of the Crown or to a Government department, or held on behalf of Her Majesty for the purposes of a Government department, in like manner as if that interest were an interest not so belonging or held. (3)Nothing in the foregoing provisions of this paragraph shall prejudice the operation of any order for the recovery of possession from the tenant under the mesne tenancy, or from the tenant under any superior tenancy having effect subject to the mesne tenancy. (7)A notice under this section which states that the landlord is opposed to the grant of a new tenancy to the tenant shall not have effect unless it also specifies one or more of the grounds specified in section 30(1) of this Act as the ground or grounds for his opposition. A tenancy to which section one of this Act applies may be brought to an end at the term date thereof by not less than one month’s notice in writing given by the tenant to the immediate landlord. 3 Pt. 30), C18S. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 43A amended by S.I. . . . In the following provisions of this Part of this Act the expression “the holding”, in relation to a tenancy to which this Part of this Act applies, means the property comprised in the tenancy, there being excluded any part thereof which is occupied neither by the tenant nor by a person employed by the tenant and so employed for the purposes of a business by reason of which the tenancy is one to which this Part of this Act applies. 1954 Act? When a landlord wishes to regain possession of business premises which are occupied pursuant to a lease which is within the security of tenure provisions in the Landlord and Tenant Act … 4 (with ss. 3E+W. 5, Sch. . (2)In determining the interim rent under subsection (1) above the court shall have regard—. 30). (5D)The following provisions shall have effect as regards a determination of an amount mentioned in subsection (5C) of this section—. a dwelling-house is let as a separate dwelling, the tenant or, where there are joint tenants, each of them, is an individual, and. California Landlord Tenant Law. 6 repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 2003/3096), art. Power of court to order reversionary tenancies. 29 substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 1, Sch. . [F54(1A)Section 24 of this Act shall not have effect in relation to a tenancy for a term of years certain where the tenant is not in occupation of the property comprised in the tenancy at the time when, apart from this Act, the tenancy would come to an end by effluxion of time. Landlord and Tenant Act 1954 is up to date with all changes known to be in force on or before 24 December 2020. Landlord and Tenant Act 1954 is up to date with all changes known to be in force on or before 23 September 2020. 3 para. 7, F145Words in s. 58(1)(a) inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. . ], F202Ss. II (ss. In section nine of the Act of 1927 (which provides that Part I of that Act shall apply notwithstanding any contract to the contrary made after the date specified in that section) the proviso (which requires effect to be given to such a contract where it appears to the tribunal that the contract was made for adequate consideration) shall cease to have effect except as respects a contract made before the tenth day of December, nineteen hundred and fifty-three. . 1(3), 23, (1)If a person on whom a notice under section 40(1) or (3) of this Act has been served has transferred his interest in the premises or any part of them to some other person and gives the appropriate person notice in writing—. (6)Where the court makes an order under [F108section 29 of this Act for the grant of a new tenancy it may order the grant to be made to the business tenants or to them jointly] with the persons carrying on the business in partnership with them, and may order the grant to be made subject to the satisfaction, within a time specified by the order, of such conditions as to guarantors, sureties or otherwise as appear to the court equitable, having regard to the omission of the other joint tenants from the persons who will be the tenants under the new tenancy. (3)Where a tenancy is terminated by forfeiture or re-entry, the time for making such a claim shall be a time falling within the period of three months beginning with the effective date of the order of the court for the recovery of possession of the land comprised in the tenancy or, if the tenancy is terminated by re-entry without such an order, the period of three months beginning with the date of the re-entry. para. 1998/2244, art. 2(b); S.I. 10, Sch. premises which are structurally adapted to be used, and are bona fide used, for a business which comprises one or both of the following, namely, the reception of guests and travellers desiring to sleep on the premises and the carrying on of a restaurant, being a business a substantial proportion of which consists of transactions other than the sale of intoxicating liquor; premises adapted to be used, and bona fide used, only for one or more of the following purposes, namely, for judicial or public administrative purposes, or as a theatre or place of public or private entertainment, or as public gardens or picture galleries, or for exhibitions, or for any similar purpose to which the holding of the licence is merely ancillary; premises adapted to be used, and bona fide used, as refreshment rooms at a railway station. . (b)may make different provision for different purposes. . . . . 1(3), 17(1), F128Words in s. 46 substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. ” has the same meaning as in the Agricultural Tenancies Act 1995; means any local authority within the meaning of the. that he has taken all reasonable steps to communicate with the person last known to him to be the tenant, and has failed to do so, that during the period of six months ending with the date of the application neither the tenant nor any person claiming under him has been in occupation of the property comprised in the tenancy or any part thereof, and. C. 43, s. 31 ( 1 ) ( with transitional provisions out. C56The “ said Act of 1972 ” means the Local Employment Act 2015 ( c. 23,! Section twenty-six 36 ( 1 ), s. 129, Sch court shall on the first of... 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