. . in relation to proceedings under Part I of the Landlord and Tenant Act 1927, has the same meaning as in the said Part I. 12 Pt. 4, C43 S. 37 excluded by Leasehold Reform Act 1967 (c. 88) , s. 35(6) ; restricted by Land Compensation Act 1973 (c. 26) , s. 37(4), (a)makes an order for the termination of the current tenancy but does not make an order for the grant of a new tenancy, or. Words in s. 30(1) substituted (1.6.2004) by, S. 30(1)(b) modified (temp.) 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. 4E+WWhere, by virtue of an agreement or of a determination of the court, the tenant is required to carry out initial repairs to the dwelling-house, failure by the tenant to carry out the repairs within a reasonable time in accordance with the agreement or determination shall be treated as a breach of the obligations of the tenancy for the purposes of [F191Case 1 in [F192Schedule 15] to the Rent Act] (which relates to recovery of possession where the rent has not been paid or any other obligation of the tenancy has not been performed). . 2003/3096), arts. Landlord and Tenant Act 1954 is up to date with all changes known to be in force on or before 24 December 2020. . . II (ss. 2003/3096), arts. 3(1)). . 6(1)(b) substituted by Leasehold Reform Act 1967 (c. 88), s. 39(2), Sch. 22 Pt. conditions have been imposed on the giving of the consent which are in the opinion of the court unreasonable in all the circumstances, of the giving of consent by a person whose consent is required under paragraph 4 of this Schedule, or. 6(5), 11 repealed by Rent Act 1957 (c. 25), Sch. 4 Pt. . 5 para. . . if such a notice specifies an earlier date as the date of termination and contains a copy of the certificate, then if 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. The reference in the last foregoing subsection to the time at which an application is finally disposed of shall be construed as a reference to the earliest time at which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the time of withdrawal or abandonment. . the court, on an application by the competent landlord, may if it thinks fit order that the other landlord shall be deemed to have consented, either without qualification or subject to such conditions (including conditions as to the modification of the proposed notice or agreement or as to the payment of compensation by the competent landlord) as may be specified in the order. apart from this section the effect of the notice or request would be to terminate the tenancy before the expiration of the period of three months beginning with the date on which the application is finally disposed of. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 24 para. (3)Where by virtue of any provision of this Act a tenancy (in this subsection referred to as “the continuing tenancy”) is continued beyond the beginning of a reversionary tenancy which was granted (whether before or after the commencement of this Act) so as to begin on or after the date on which apart from this Act the continuing tenancy would have come to an end, the reversionary tenancy shall have effect as if it had been granted subject to the continuing tenancy. 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); (to the best of his knowledge and belief) whether the sub-tenant is in occupation of the premises or of part of the premises comprised in the sub-tenancy and, if not, what is the sub-tenant’s address; whether an agreement is in force excluding in relation to the sub-tenancy the provisions of sections 24 to 28 of this Act; and, whether a notice has been given under section 25 or 26(6) of this Act, or a request has been made under section 26 of this Act, in relation to the sub-tenancy and, if so, details of the notice or request; and. the father, or mother, of his spouse or civil partner, Words in Sch. 1E+WThe grounds referred to in paragraph (b) of subsection (1) of section twelve of this Act are the following, that is to say:—. 43(3) substituted by virtue of Law of Property Act 1969 (c. 59), s. 15, Sch. . Where by virtue of the last foregoing subsection a tenancy is continued after the term date, then—. . Consent of superior landlord required for agreements affecting his interest, An agreement between the competent landlord and the tenant made for the purposes of Part II of this Act in a case where—, the competent landlord is himself a tenant, and. I, F16Ss. Where an interest in any property comprised in a tenancy belongs to Her Majesty in right of the Duchy of Lancaster, then for the purposes of Part II of this Act the Chancellor of the Duchy shall represent Her Majesty and shall be deemed to be the owner of the interest. F151(1B). 2009/1307), Local Government, Planning and Land Act 1980 (c. 65), Agricultural Holdings Act 1986 (c. 5, SIF 2:3), The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. (7)The business tenants shall be entitled to recover any amount payable by way of compensation under section 37 or section 59 of this Act. 1 para. The landlord and tenant may from time to time by agreement further extend the period for making such an application, but any such agreement must be made before the end of the period specified in the current agreement. 3, Sch. . The following provisions of this section shall apply where—, a tenancy is held jointly by two or more persons (in this section referred to as the joint tenants); and, the property comprised in the tenancy is or includes premises occupied for the purposes of a business; and, the business (or some other business) was at some time during the existence of the tenancy carried on in partnership by all the persons who were then the joint tenants or by those and other persons and the joint tenants’ interest in the premises was then partnership property; and. 19(2) amended by Leasehold Reform Act 1967 (c. 88), s. 37(2). 10(1)(b)(2) (with ss. In relation to a tenancy from year to year or other tenancy not granted for a term of years certain, being a tenancy which by virtue of the last foregoing subsection is to be deemed to be a long tenancy, this Part of this Act shall have effect subject to the modifications set out in the Fourth Schedule to this Act. (i)require the tenant or, where there are joint tenants, at least one of them, to occupy the dwelling-house as a home (whether or not as that individual's only or principal home), (ii)permit a home business to be carried on in the dwelling-house, or permit the immediate landlord to give consent for a home business to be carried on in the dwelling-house, and. 1993/2134, art. 30), F14S. . Where an order is made for possession of the property comprised in a tenancy to which section 1 of this Act applies and it is subsequently made to appear to the court that the order was obtained by misrepresentation or the concealment of material facts, the court may order the landlord to pay to the tenant such a sum as appears sufficient as compensation for damage or loss sustained by the tenant as the result of the order. 1994/571, art. A duty imposed on a person by this section is a duty—, to give the information concerned within the period of one month beginning with the date of service of the notice; and. . . (4)A notice under subsection (1) of this section shall invite the tenant, within two months after the giving of the notice, to notify the landlord in writing whether he is willing to give up possession as mentioned in paragraph (b) of the last foregoing subsection. . . . 2003/3096), art. 2, Sch. if the tenant has made a request for a new tenancy in accordance with section 26 of this Act. , the court shall on the application of the tenant certify that fact. 2(a), Where the rateable value of the holding is such that the jurisdiction conferred on the court by any other provision of this Part of this Act is, by virtue of section 63 of this Act, exercisable by the county court, the county court shall have jurisdiction (but without prejudice to the jurisdiction of the High Court) to make any declaration as to any matter arising under this Part of this Act, whether or not any other relief is sought in the proceedings. (5)A notice under subsection (1) of this section containing proposals such as are mentioned in paragraph (a) of subsection (3) of this section is hereinafter referred to as a “landlord’s notice proposing a statutory tenancy”, and a notice under subsection (1) of this section not containing such proposals is hereinafter referred to as a “landlord’s notice to resume possession”. (a)the court shall make a declaration to that effect, stating of which of the said grounds the court would have been satisfied as aforesaid and specifying the date determined by the court as aforesaid, but shall not make an order for the grant of a new tenancy; (b)if, within fourteen days after the making of the declaration, the tenant so requires the court shall make an order substituting the said date for the date specified in the said landlord’s notice or tenant’s request, and thereupon that notice or request shall have effect accordingly. 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. I, F156Words substituted by Local Employment Act 1972 (c. 5), Sch. In this section and section 24D of this Act “the relevant tenancy” has the same meaning as in section 24A of this Act. The landlord shall not be entitled to oppose an application. The operation of the order shall be suspended for a period of fourteen days from the making thereof, and if before the end of that period the mesne landlord gives notice in writing to the competent landlord that he desires that the provisions of heads (a) and (b) of this sub-paragraph shall have effect, and lodges a copy of the notice in the court—, the order shall not be enforceable except if and in so far as it provides for the payment of costs, and. In the case of a tenancy which apart from this Act could have been brought to an end by notice to quit given by the landlord—, the date of termination specified in a notice under this section shall not be earlier than the earliest date on which apart from this Part of this Act the tenancy could have been brought to an end by notice to quit given by the landlord on the date of the giving of the notice under this section; and. LTA 1954: opposition to a lease renewal under Ground (g) A practice note discussing the landlord's right to oppose the renewal of a business tenancy on the ground the landlord intends to occupy the … 15 (continued by Rent Act 1977 (c. 42), Sch. 23-46) excluded (1.8.2000) by 1999 c. 33, s. 149(3)(a); S.I. 3E+WIf, while an order under paragraph 1 of this Schedule is in force, it is agreed between the landlord and the tenant that the initial repairs in question have been carried out as mentioned in the last foregoing paragraph, the order shall be discharged by virtue of that agreement in the like manner as if it had been discharged by the court. (2)If the amount of the compensation which would have been payable under section thirty-seven of this Act if the tenancy had come to an end in circumstances giving rise to compensation under that section and the date at which the acquiring authority obtained possession had been the termination of the current tenancy exceeds the amount of [F101the compensation payable under section 121 of the M4Lands Clauses Consolidation Act 1845 or section 20 of the M5Compulsory Purchase Act 1965 in the case of a tenancy to which this Part of this Act applies], that compensation shall be increased by the amount of the excess. [F78(2) In subsection (1) of this section the reference to all relevant circumstances includes (without prejudice to the generality of that reference) a reference F76 to the operation of the provisions of the Landlord and Tenant (Covenants) Act 1995. (b)a notice under subsection (1) or subsection (2) of section 27 of this Act; shall be treated as such if it states that it is given by virtue of this section and sets out the facts by virtue of which the persons giving it are the business tenants; and references in those sections and in section 24A of this Act to the tenant shall be construed accordingly. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. If the competent landlord applies to any mesne landlord for his consent to such a notice or agreement, that consent shall not be unreasonably withheld, but may be given subject to any conditions which may be reasonable (including conditions as to the modification of the proposed notice or agreement or as to the payment of compensation by the competent landlord). II para. This paragraph applies to any terms of any tenancy owned by the competent landlord or by any other landlord, whether to be performed during that tenancy or on or after the expiration or determination thereof, except any such terms as are mentioned in paragraph (a) or (b) of the proviso to subsection (1) of section ten of this Act: Notwithstanding anything in sub-paragraph (1) of this paragraph, if the interest of the competent landlord, being a tenancy, or the interest of any mesne landlord, has not come to an end by the end of the period of the statutory tenancy, and the terms on which that interest was held included an obligation to repair or maintain the dwelling-house or the dwelling-house and other premises, then as from the end of the period of the statutory tenancy the instrument creating the interest of the competent landlord or mesne landlord shall be deemed to contain a covenant with the grantor of the interest that the grantee of the interest will at all times maintain the dwelling-house in a state of repair no less good than that in which it was after the completion of any initial repairs to be carried out thereon in accordance with the provisions of Part I of this Act, and will yield up possession of the dwelling-house in such a state on the coming to an end of the interest of the said landlord. Subsection (2) above does not apply where—, 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. F30Words re-inserted by Leasehold Reform Act 1967 (c. 88), s. 39(2), Sch. (4)A “home business” is a business of a kind which might reasonably be carried on at home. A tenant under a tenancy which was current at the commencement of this Act shall not in any case be entitled to compensation under section thirty-seven or fifty-nine of this Act unless at the date on which he is to quit the holding the holding or part thereof has continuously been occupied for the purposes of the carrying on of the tenant’s business (whether by him or by any other person) for at least five years. , including, where different persons own interests which fulfil the conditions specified in section 44(1) of this Act in different parts of it, terms as to the apportionment of the rent, In subsection (1) of this section the reference to all relevant circumstances includes (without prejudice to the generality of that reference) a reference. 7 para. Relief in proceedings by superior landlord, Where in the case of a tenancy to which section one of this Act applies—, the interest of the immediate landlord is itself a tenancy (in this paragraph referred to as “, a superior landlord has brought proceedings to enforce a right of re-entry or forfeiture in respect of a failure to comply with any terms of the mesne tenancy or of a superior tenancy having effect subject to the mesne tenancy, and. [F50(6)A notice under this section shall not have effect unless it states whether the landlord is opposed to the grant of a new tenancy to the tenant. 23-46) excluded (1.11.1993) by, Pt. 9 para. 56(3) extended by S.I. F71Word in s. 33 substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 93(1)(xii), and British Telecommunications Act 1981 (c. 38), s. 87, Sch. . 1990/776, arts. 2003/3096), arts. . if he is a reversioner, whether there is a mortgagee in possession of his interest in the premises and, if so, (to the best of his knowledge and belief) what is the name and address of the mortgagee. 1(3), 26, (1)The rent payable under a tenancy granted by order of the court under this Part of this Act shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the court to be that at which, having regard to the terms of the tenancy (other than those relating to rent), the holding might reasonably be expected to be let in the open market by a willing lessor, there being disregarded—. if the tenancy in question were not one at a low rent. . . either of them may make an application to the court to determine a rent (an “interim rent”) which the tenant is to pay while the tenancy (“the relevant tenancy”) continues by virtue of section 24 of this Act and the court may order payment of an interim rent in accordance with section 24C or 24D of this Act. (2)Where the court makes an order under Part II of this Act for the grant of a new tenancy of [F152any such premises] as aforesaid, and [F152[F153the Secretary of State] certifies] that it is necessary or expedient as aforesaid that the tenancy should be subject to a term, specified in the certificate, prohibiting or restricting the tenant from assigning the tenancy or sub-letting, charging or parting with possession of the premises or any part thereof or changing the use of the premises or any part thereof, the court shall determine that the terms of the tenancy shall include the terms specified in the certificate. (1)Any form of notice required by this Act to be prescribed shall be prescribed by regulations made by the Lord Chancellor by statutory instrument. 1994/2553, art. Words in s. 31A(1) inserted (1.6.2004) by. (b)that if the obligations under the relevant tenancy had been the same as those under the first-mentioned tenancy he would have been entitled to recover any amount by way of payment for accrued tenant’s repairs which he is not entitled to recover, he shall be entitled to recover that amount from the tenant under the first-mentioned tenancy, or, if that tenancy has come to an end, from the person who was the tenant thereunder immediately before it came to an end. . Where the landlord’s interest in the property comprised in any tenancy belongs to or is held for the purposes of a Government department, and the Minister or Board in charge of any Government department certifies that for reasons of national security it is necessary that the use or occupation of the property should be discontinued or changed, then—. . 2005/3226) , Sch. Power of court to order reversionary tenancies. 3(1)Any notice given by the competent landlord under Part II of this Act to terminate the relevant tenancy, and any agreement made between that landlord and the tenant as to the granting, duration, or terms of a future tenancy, being an agreement made for the purposes of the said Part II, shall bind the interest of any mesne landlord notwithstanding that he has not consented to the giving of the notice or was not a party to the agreement.E+W. that the tenant is either the tenant under the tenancy at the coming to an end of which it took effect or a successor to his business. . but otherwise subsections (1) and (2) of section 34 of this Act shall apply to the determination as they would apply to the determination of a rent under that section if a new tenancy from year to year of the whole of the property comprised in the relevant tenancy were granted to the tenant by order of the court. . . 2(8) inserted by S.I. 64 excluded by 1967 c. 88, Sch. in subsection (1) of section one, for the words “a house of rateable value of one hundred pounds or less” there shall be substituted the words “all or any of the property comprised in the lease”, and for the word “five” there shall be substituted the word “three” ; in subsection (2) of section one, for the word “five” there shall be substituted the word “three” ; in paragraph (b) of subsection (5) of section one, for the word “house” there shall be substituted the word “premises” and for the words from “relating” to the end of the paragraph there shall be substituted the words “or for giving effect to any order of a court or requirement by any authority under any enactment or any such byelaw or other provision as aforesaid” ; in pargaraph (c) of subsection (5) of section one, for the word “house”, where it first occurs, there shall be substituted the words “premises as respects which the covenant or agreement is proposed to be enforced”, and for the words “the house” in the second place in which they occur there shall be substituted the words “those premises” ; in section three, for the words “a house” there shall be substituted the word “premises”. 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