1(3), 10, (1)The grounds on which a landlord may oppose an application under [F62section 24(1) of this Act, or make an application under section 29(2) of this Act,] are such of the following grounds as may be stated in the landlord’s notice under section 25 of this Act or, as the case may be, under subsection (6) of section 26 thereof, that is to say:—. 33; (5.7.1994) by 1994 c. 19, s. 39, Sch. 2 substituted by Rent Act 1968 (c. 23), Sch. (2)In relation to the premises constituting the dwelling-house the expression “the tenant” in this Part of this Act means the tenant under the former tenancy and, except as respects any payment for accrued tenant’s repairs not payable by instalments, includes any successor to his statutory tenancy, and the expression “successor to his statutory tenancy”, in relation to that tenant, means a person who after that tenant’s death retains possession of the dwelling-house by virtue of the [F39Rent Act]. 1993/2134, art. The second compensation case is where on the making of an application under section 29(2) of this Act the court is precluded (whether by section 29(4)(a) or section 31(2) of this Act) from making an order for the grant of a new tenancy by reason of any of the compensation grounds and not of any other grounds specified in section 30(1) of this Act. (b)what premises are comprised in the sub-tenancy, for what term it has effect (or, if it is terminable by notice, by what notice it can be terminated), what is the rent payable thereunder, who is the sub-tenant and (to the best of the knowledge and belief of the person to whom the notice is given) whether the sub-tenant is in occupation of the premises comprised in the sub-tenancy or any part of those premises and, if not, what is the sub-tenant’s address. (b)enables the tenant to obtain at his expense a certificate from the landlord or the tribunal that the improvement has been duly executed. . 2000/1985, art. that, during the whole of the fourteen years immediately preceding the termination of the current tenancy, premises being or comprised in the holding have been occupied for the purposes of a business carried on by the occupier or for those and other purposes; that, if during those fourteen years there was a change in the occupier of the premises, the person who was the occupier immediately after the change was the successor to the business carried on by the person who was the occupier immediately before the change. If the tenant, within fourteen days after the making of an order under this Part of this Act for the grant of a new tenancy, applies to the court for the revocation of the order the court shall revoke the order; and where the order is so revoked, then, if it is so agreed between the landlord and the tenant or determined by the court, the current tenancy shall continue, beyond the date at which it would have come to an end apart from this subsection, for such period as may be so agreed or determined to be necessary to afford to the landlord a reasonable opportunity for reletting or otherwise disposing of the premises which would have been comprised in the new tenancy; and while the current tenancy continues by virtue of this subsection it shall not be a tenancy to which this Part of this Act applies. 2(5) substituted by S.I. 1, 6); S.I. (b)if during those five years there was a change in the occupier of the premises, the person who was the occupier immediately after the change was the successor to the business carried on by the person who was the occupier immediately before the change. 46(2) added (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. . A “home business” is a business of a kind which might reasonably be carried on at home. 33, C5Act extended by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. (b)that the landlord has made such preparations (including the obtaining, or, if that is not reasonably practicable in the circumstances, preparations relating to the obtaining, of any requisite permission or consent, whether from any authority whose permission or consent is required under any enactment or from the owner of any interest in any property) for proceeding with the redevelopment as are reasonable in the circumstances. . 3(1)). . F205, F205Sch. 1991/724, art. 7 repealed by Statute Law (Repeals) Act 1974 (c. 22), Pt. . . The warning notice must be in the prescribed form and served on the tenant (by the landlord or its solicitors) or in case of joint tenants on each of them individually. 3, Sch. C60The text of s. 63(10) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. para. 6, C65S. . . (a)that for purposes of redevelopment after the termination of the tenancy the landlord proposes to demolish or reconstruct the whole or a substantial part of the relevant premises; (b)the grounds specified in the Third Schedule to this Act (which correspond, subject to the necessary modifications, to the [F25[F26Cases 1 to 9 in Schedule 15] to the Rent Act which specify circumstances in which a court may make an order for possession under that Act]). . Duty of tenants and landlords of business premises to give information to each other. 5 para. if the tenant has made a request for a new tenancy in accordance with section 26 of this Act. 2(b); S.I. 7 Pt. If part of the holding is domestic property, as defined in section 66 of the Local Government Finance Act 1988,—, the domestic property shall be disregarded in determining the rateable value of the holding under subsection (5) of this section; and. that the applicant is not the person who was the tenant at the time of the previous agreement or determination and that there are considerations arising out of the personal circumstances of the applicant which ought to be taken into account in determining the manner of making the payment. . ], F202Ss. (1)The M8Leasehold Property (Repairs) Act 1938 (which restricts the enforcement of repairing covenants in long leases of small houses) shall extend to every tenancy (whether of a house or of other property, and without regard to rateable value) where the following conditions are fulfilled, that is to say,—. The 1954 Act is a well established feature of both property law and commercial life. 13, F9Words in s. 2(7) inserted (1.4.1993) by S.I. (2)Subject to the following provisions of this section, the rent payable under and at the commencement of the new tenancy shall also be the interim rent. The Landlord and Tenant Act 1954 governs the rights and obligations of landlords and tenants of premises which are occupied for business purposes. F200, during the period of the statutory tenancy. Different forms of notice may be prescribed for the purposes of the operation of any provision of this Act in relation to different cases. 2009/1941), References to Health Authorities Order 2007 (S.I. . “the competent landlord” means the person who in relation to the relevant tenancy is for the time being the landlord (as defined by section twenty-one of this Act) for the purposes of Part I of this Act; “mesne landlord” means a tenant whose interest is intermediate between the relevant tenancy and the interest of the competent landlord; and. (2)[F67Where the landlord opposes an application under section 24(1) of this Act, or makes an application under section 29(2) of this Act, on one or more of the grounds specified in section 30(1)(d) to (f) of this Act but establishes none of those grounds, and none of the other grounds specified in section 30(1) of this Act, to the satisfaction of the court, then if the court would have been satisfied on any of the grounds specified in section 30(1)(d) to (f) of this Act] if the date of termination specified in the landlord’s notice or, as the case may be, the date specified in the tenant’s request for a new tenancy as the date from which the new tenancy is to begin, had been such later date as the court may determine, being a date not more than one year later than the date so specified,—. 3) (with transitional provisions and savings in S.I. ], F94S. . . (6)Within two months of the making of a tenant’s request for a new tenancy the landlord may give notice to the tenant that he will oppose an application to the court for the grant of a new tenancy, and any such notice shall state on which of the grounds mentioned in section thirty of this Act the landlord will oppose the application. C69Sch. (1A)Where the court, by virtue of paragraph (b) of section 31A(1) of this Act, makes an order under section 29 of this Act for the grant of a new tenancy in a case where the tenant is willing to accept a tenancy of part of the holding, the order shall be an order for the grant of a new tenancy of that part only. . ... day by not less than three months’ notice in writing given by the tenant to the immediate landlord, whether the notice is given after the date on which apart from this Act the tenancy would have come to an end or before that date, but not before the tenant has been in occupation in right of the tenancy for one month. 43(4) inserted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. Your investment will succeed where your strategy w… F32Words re-inserted by Leasehold Reform Act 1967 (c. 88), s. 39(2), Sch. 1(3), Sch. Section 32, Landlord and Tenant Act 1954 Practical Law Primary Source 0-508-2905 (Approx. 2003/3096), art. 5, Sch. (1)This Act may be cited as the M19Landlord and Tenant Act 1954, and the Landlord and Tenant Act 1927, and this Act may be cited together as the Landlord and Tenant Acts 1927 and 1954. 2(a), F7S. 3 para. The terms of a tenancy permit the carrying on of a home business if they permit the carrying on of a particular home business, a particular description of home business or any home business. Landlord and Tenant Act 1954 Part II. ], [F120(4)This Part does not apply to a tenancy—, (a)the primary purpose of which is to grant code rights within the meaning of Schedule 3A to the Communications Act 2003 (the electronic communications code), and, (b)which is granted after that Schedule comes into force. . 21 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 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.”. 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—. I, F156Words substituted by Local Employment Act 1972 (c. 5), Sch. . . and in the event of any such difference the landlord shall not be bound by his proposals notwithstanding that they may have been accepted by the tenant. . (1)Subject to the provisions of this Act, on an application under section 24(1) of this Act, the court shall make an order for the grant of a new tenancy and accordingly for the termination of the current tenancy immediately before the commencement of the new tenancy. (3)Subsection (2) above does not apply where—, (a)the landlord or the tenant shows to the satisfaction of the court that the interim rent under that subsection differs substantially from the relevant rent; or. . 1(4), 582(3), Sch. . . 5 para. 23 para. 2003/3096), art. 6(5), 11 repealed by Rent Act 1957 (c. 25), Sch. . The reference in subsection (1) above to a person who is the owner of an interest such as is mentioned in that subsection is to be construed, where different persons own such interests in different parts of the property, as a reference to all those persons collectively. (2)References in this Schedule to “other landlords” are references to persons who are either mesne landlords or superior landlords. The landlord must serve a notice on the tenant, stating which of the seven grounds of opposition they wish to rely upon to oppose a new tenancy. 45, 68(1), Sch. . 3 para. 21, F115S. (2)Where a notice has been served under the last foregoing sub-paragraph, then in default of agreement between the competent landlord and the mesne landlord on whom the notice was served the court may order the mesne landlord to pay such a contribution as aforesaid. (a)shall be made during the currency of the landlord’s notice proposing a statutory tenancy and not earlier than two months after the giving thereof, so however that if the tenant has elected to retain possession it may be made at a time not earlier than one month after the giving of the notice; (b)subject to the provisions of the last foregoing subsection, shall not be made for the determination of any matter as to which agreement has already been reached between the landlord and the tenant. 8 Pt. . 1(3), 4(2), C33 S. 25 restricted by Leasehold Reform Act 1967 (c. 88) , s. 35(2) ; excluded by Leasehold Reform Act 1967 (c. 88) , ss. 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