Legal Disputes

Does the Landlord and Tenant Act 1954 apply?

Provided a tenancy satisfies the requirements of the Landlord and Tenant Act 1954 (LTA 1954), a tenant will have a statutory right to seek a new lease or tenancy at the expiry of its current tenancy, pursuant to the act, and the tenancy will continue in the meantime until terminated in accordance with LTA 1954.

10 Aug 2021

Team name
Holly Minney

Holly Minney

Section 23 of LTA 1954 set outs the provision to satisfy for the 1954 Act to apply, a tenancy is within the Act if the whole or a part of the demised premises is occupied by the tenant for the purposes of its business. There are three essential conditions to be satisfied in order for the protection of LTA 1954 to apply

  • There must be a periodic or fixed-term tenancy. Licences and tenancies at will do not confer statutory protection;
  • The tenant must occupy at least a part of the premises;
  • The occupation by the tenant must be wholly or partly for business purposes. If there is only partial occupation by the tenant, or only partial business use, the tenant can only insist on a new tenancy of the part which it occupies.

The term business has a wide definition under the Act, so careful consideration must be given when determining if the Act applies.

At the outset of taking out the lease, the Landlord and Tenant may agree to opt of the protection afforded by the act, in which case the Tenant will not have the statutory right to renew their lease.

Under the Act an LTA 1954 lease will continue until terminated in accordance with the provisions of the Act i.e. service of a landlord’s section 25 notice, tenant’s section 26 request, or tenant’s section 27 notice. Alternatively the lease can be bought to an end by other legal mechanisms such as forfeiture and surrender of the lease.

Section 25 notice

If a landlord wants to terminate the lease (and the tenant has not already served a section 26 request) they must serve a section 25 notice on the tenant. This must either confirm that the landlord does not oppose the grant of a new lease, or that it does, and if so specifying which ground(s) of opposition the landlord is relying on under LTA 1954, s 30.

The section 25 notice must be given in the prescribed form, or a form substantially to the same effect, and contain the required information in order to be valid.

Section 26 Request

If a tenant wants to terminate a tenancy and request a new one (and they have not already been served with a section 25 notice) they may serve a section 26 request on a landlord.

The tenant’s request must specify a date for the new tenancy to begin. Termination of the existing tenancy takes place immediately before the date specified in that notice.

The notices must provide no more than 12 month and no less than 6 months’ notice of the termination date of the tenancy. If by the end date of the tenancy an agreement has not been reached between the parties to a new lease, court proceedings must be issued to protect the lease.

M&P Commentary

Holly Minney, Head of Dispute Resolution, said:

“Unless the necessary steps have been taken for the Lease to be outside of the act, the provision of the 1954 will apply, therefore the correct processes need to be followed to end or renew the tenancy.”

OUR CLIENTS SAY ABOUT US

Ranked highly in Romford and Brentwood for solicitor firms

Family
The service I received from Allison was exceptional. Always highly professional and informative.
Virginia
Wills
Mullis and Peake are very efficient, professional and friendly company to deal with. Excellent service throughout.
Brian
Employment
Excellent, swift service from Esther at Mullis & Peake. Showed clear expertise in her field & walked me through everything patiently & thoroughly.
Dan
Company and Commercial
I found the service provided was excellent from start to finish, with our requirements met in a timely manner throughout.
Gary
Wills
Staff very helpful and friendly. Trudi was easy to talk to and to understand the procedure.
Pamela
Dispute resolution
We contacted Martyn to deal with a sensitive Will dispute and we can’t thank him enough for his commitment and hard work.
Salena
Residential Property
Very prompt. Experienced. Expert. Friendly.
Trevor
Commercial Property
Excellent service and far quicker than previous negotiations using a different solicitor.
John
Family
At all times I was kept informed about the progress of the case and everything was completed in a timely fashion.
Melanie
Personal Injury
Martyn undertook and guided me through the lengthy process [of a personal injury case], and after much work, achieved a successful result.
Shirley

Related News insights

Employment Advice (For Business), Legal, Employment Advice
Awareness for employers – future changes to employment law
Legal, Residential Property, Residential Property
Selling your property? There are some documents you may need to find
Employment Advice, Legal, Employment Advice
Flexible working requests – changes from April 2024
Dispute Resolution, Legal, Alternative Dispute Resolution
What is a Litigation Friend?