Business tenancies - continuation of leases by security of tenure
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3 August 2011
The Landlord and Tenant Act 1954 ("the
Act") gives "security of tenure" (certain right to tenants whose lease
is coming to an end). This article provides general information in
relation to business tenancies.
The Act gives "security of tenure" which
is a generic term given to certain rights afforded to tenants.
The Act applies to any tenancy where the
property comprised in the tenancy is or includes premises which are
occupied by the tenant and are so occupied for the purposes of a
business carried on by him or for those and other purpose.
If the Act applies then a tenancy will
continue past the fixed term under the lease by operation of section 24
of the Act.
The effect of security of tenure makes
matters difficult if a commercial landlord wishes to bring in a better
paying tenant (perhaps because rents are rising). But termination can
still be effected by following certain procedures.
1. Serving a Landlord's notice pursuant to
section 25 of the Act.
2. Serving a Tenant's notice (request)
under section 26 of the Act.
5. Tenant serving notice to quit under a
6. Tenant serving notice under section 27
of the Act.
7. Tenant ceases to be in occupation for
business purposes on the fixed date.
If you have any
questions about security of tenure or commercial lease management
generally please contact head of Commercial Property, Inam Ali
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Article Published/Sorted/Amended on Scopulus 2011-08-04 16:51:53 in Legal Articles