that after the giving of such a notice containing such a copy the tenancy shall not be one to which Part II of this Act applies. In relation to such a tenancy as is mentioned in subsection (2) of section nineteen of this Act, Part I of this Act shall have effect subject to the following provisions of this Schedule. ... 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. . where in the valuation list in force at the date on which the landlord’s notice under section 25 or, as the case may be, subsection (6) of section 26 of this Act is given a value is then shown as the annual value (as hereinafter defined) of the holding, the rateable value of the holding shall be taken to be that value; where no such value is so shown with respect to the holding but such a value or such values is or are so shown with respect to premises comprised in or comprising the holding or part of it, the rateable value of the holding shall be taken to be such value as is found by a proper apportionment or aggregation of the value or values so shown; where the rateable value of the holding cannot be ascertained in accordance with the foregoing paragraphs of this subsection, it shall be taken to be the value which, apart from any exemption from assessment to rates, would on a proper assessment be the value to be entered in the said valuation list as the annual value of the holding; from any decision of a valuation officer under this subsection, but subject thereto any such decision shall be final. . . Determination of tenancies of derelict land. (b)the tenancy shall thereafter have effect, and this Part of this Act shall have effect in relation thereto, as if it had been granted for a term expiring at the expiration of seven months from the making of the order. . (3)Where the landlord’s interest in the property comprised in any tenancy is held by statutory undertakers, nothing in this Act shall invalidate an agreement to the effect—, (a)that where the Minister or Board in charge of a Government department certifies that possession of the property comprised in the tenancy or a part thereof is urgently required for carrying out repairs (whether on that property or elsewhere) which are needed for the proper operation of the landlord’s undertaking, the tenancy may be terminated by notice to quit given by the landlord of such length as may be specified in the agreement, if the notice contains a copy of the certificate; and. Where the tenancy is not terminated under the provisions of Part I of this Act at the term date thereof, then, whether or not it would have continued after that date apart from this Act, it shall be treated for the purposes of this Act as being continued by virtue of subsection (1) of section three thereof. 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. F17Words repealed by Rent Act 1957 (c. 25), Sch. F193Words in Sch. I (ss. . 6. Landlord and Tenant Act 1954 is up to date with all changes known to be in force on or before 23 September 2020. . . and by section twenty-six of the M21Universities and College Estates Act 1925, and the purposes authorised by section seventy-one of the Settled Land Act 1925 F193. and the High Court has jurisdiction to make a declaration that the licence or consent was unreasonably withheld, then without prejudice to the jurisdiction of the High Court the county court shall have [F134the like jurisdiction whatever the net annual value for rating of the demised property is to be taken to be for the purposes of the County Courts Act 1984] and notwithstanding that the tenant does not seek any relief other than the declaration. and [F153the Secretary of State] certifies that it is necessary or expedient for achieving [F156the purpose mentioned in section 2(1) of the said Act of 1972]] that the use or occupation of the property should be changed, paragraphs (a) and (b) of subsection (1) of section fifty-eight of this Act shall apply as they apply where such a certificate is given as is mentioned in that subsection. (1)Where the property comprised in a long tenancy [F30at a low rent] is or includes residential premises, then at any time during the last two years of the term of the tenancy, or (if the tenancy is being continued after the term date by subsection (1) of section three of this Act) at any time while the tenancy is being so continued, the immediate landlord or any superior landlord may give to the tenant or any sub-tenant of premises comprised in the long tenancy a notice in the prescribed form requiring him to notify the landlord or superior landlord, as the case may be,—. 2, C4Act extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. . “ date of termination ” has the meaning assigned to it by subsection (1) of section twenty-five of this Act; subject to the provisions of section thirty-two of this Act, “ the holding ” has the meaning assigned to it by subsection (3) of section twenty-three of this Act; [F129“interim rent” has the meaning given by section 24A(1) of this Act;], “ mining lease ” has the same meaning as in the M6 Landlord and Tenant Act 1927. . ” 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. C13S. Words in s. 23(4) inserted (1.10.2015) by. 2(e), F33Words repealed by Leasehold Reform Act 1967 (c. 88), s. 39(2), Sch. Any amount paid by a mortgagee in respect of expenses incurred in carrying out initial repairs in accordance with an agreement or determination under Part I of this Act, or in respect of any payment made in pursuance of a liability imposed by paragraph 12 of the First Schedule to this Act, shall be treated as if it were secured by the mortgage, with the like priority and with interest at the same rate as the mortgage money, so however that (without prejudice to the recovery of interest) any such amount shall not be recoverable from the mortgagor personally. These include mining leases and agricultural premises. 13, F9Words in s. 2(7) inserted (1.4.1993) by S.I. (4)Where a tenant makes a request for a new tenancy under section twenty-six of this Act, and the interest of the landlord or any superior landlord in the property comprised in the current tenancy belongs or is held as mentioned in subsection (1) of this section, the following provisions shall have effect:—, (a)if a certificate has been given under the said subsection (1) in relation to the current tenancy, and within two months after the making of the request the landlord gives notice to the tenant that the certificate has been given and the notice contains a copy of the certificate, then,—. . 8 paras. during the whole of the five years immediately preceding the date on which the tenant under a tenancy to which this Part of this Act applies is to quit the holding, 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, and. . 1. 6, F46S. where a tenancy to which this Part of this Act applies ceases to be such a tenancy, it shall not come to an end by reason only of the cesser, but if it was granted for a term of years certain and has been continued by subsection (1) of this section then (without prejudice to the termination thereof in accordance with any terms of the tenancy) it may be terminated by not less than three nor more than six months’ notice in writing given by the landlord to the tenant; where, at a time when a tenancy is not one to which this Part of this Act applies, the landlord gives notice to quit, the operation of the notice shall not be affected by reason that the tenancy becomes one to which this Part of this Act applies after the giving of the notice. 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”. 3 , 13(1)(a) . 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. Where a tenant under a tenancy which was current at the commencement of this Act would but for this sub-paragraph be entitled both to—, compensation under section thirty-seven or section fifty-nine of this Act; and. 4 para. Where under this Part of this Act the court makes an order for the grant of a new tenancy, then, unless the order is revoked under the next following subsection or the landlord and the tenant agree not to act upon the order, the landlord shall be bound to execute or make in favour of the tenant, and the tenant shall be bound to accept, a lease or agreement for a tenancy of the holding embodying the terms agreed between the landlord and the tenant or determined by the court in accordance with the foregoing provisions of this Part of this Act; and where the landlord executes or makes such a lease or agreement the tenant shall be bound, if so required by the landlord, to execute a counterpart or duplicate thereof. Application of Part I to tenancies granted in continuation of long tenancies. In this section “long tenancy” does not include a tenancy which is, or may become, terminable before the end of the term by notice given to the tenant. (4)Any question arising under this paragraph whether repairs are no longer required, whether any expenses were incurred, or reasonably incurred, by the landlord, or as to the amount of the estimated cost of any repairs shall be determined by agreement between the landlord and the tenant or by the court on the application of either of them. There are changes that may be brought into force at a future date. 5 para. “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;]. Subject to the provisions of this Part of this Schedule, a payment for accrued tenant’s repairs which is to be payable otherwise than by instalments shall become payable when the relevant initial repairs have been completed, unless the landlord and the tenant agree that it shall become payable wholly or in part at some other date. 1990/434, reg. 6(a), F129Words in s. 46 inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. . Meaning of the landlord in Part II, and provisions as to mesne landlords, , in this Part of this Act the expression “the landlord”, in relation to a tenancy (in this section referred to as “, ”), means the person (whether or not he is the immediate landlord) who is the owner of that interest in the property comprised in the relevant tenancy which for the time being fulfils the following conditions, that is to say—. . II (ss. 2003/3096), arts. (3)If before the expiration of the said period the landlord has made an application under the last foregoing section, but the result of the application, at the time when it is finally disposed of, is that no order is made, the landlord’s notice shall cease to have effect; but if within one month after the application to the court is finally disposed of the landlord gives a landlord’s notice proposing a statutory tenancy, the earliest date which may be specified therein as the date of termination shall, notwithstanding anything in subsection (2) of section four of this Act, be the expiration of three months from the giving of the subsequent notice. For the purposes of subsection (1)(b) of this section a part of a holding shall be deemed to be an economically separate part if, and only if, the aggregate of the rents which, after the completion of the intended work, would be reasonably obtainable on separate lettings of that part and the remainder of the premises affected by or resulting from the work would not be substantially less than the rent which would then be reasonably obtainable on a letting of those premises as a whole. (3)Where in a case falling within the last foregoing subsection the court is not satisfied as therein mentioned, but would be satisfied if the date of termination of the tenancy had been such date (in this subsection referred to as “the postponed date”) as the court may determine, being a date later, but not more than one year later, than the date of termination specified in the landlord’s notice, the court shall, if the landlord so requires, make an order specifying the postponed date and otherwise to the following effect, that is to say:—. 10(a) (with s. 37), F114Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. . 43(4) inserted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. Where the tenant of any business premises who is a tenant under such a tenancy as is mentioned in section 26(1) of this Act has served on a reversioner or a reversioner’s mortgagee in possession a notice in the prescribed form requiring him to do so, it shall be the duty of the person on whom the notice is served to give the appropriate person in writing the information specified in subsection (4) below. 23-46) excluded (1.8.2000) by. 24 para. Geographical Extent: 3) (with transitional provisions and savings in S.I. shall be made, and be expressed to be made, on the assumption that the dwelling-house will be the premises specified in the landlord’s notice in accordance with subsection (3) of section four of this Act; shall not be treated as failing to satisfy the requirements of the said subsection (3) by reason only of a difference between the premises to which the proposals relate and the premises subsequently agreed or determined to be the dwelling-house, An application for securing a determination by the court in accordance with the foregoing provisions of this section shall be made by the landlord, and—. I. . 4. 2003/3096), The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. ], F202Ss. Security of Tenure for Business, Professional and other Tenants, Pt. 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. . . Description of each main section Learn with flashcards, games, and more — for free. . . . (2)In the case of a tenancy continuing by virtue of any provision of this Act after the coming to an end of the interest in reversion immediately expectant upon the termination thereof, subsection (1) of section one hundred and thirty-nine of the M15Law of Property Act 1925 (which relates to the effect of the extinguishment of a reversion) shall apply as if references in the said subsection (1) to the surrender or merger of the reversion included references to the coming to an end of the reversion for any reason other than surrender or merger. 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; 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; 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. to the operation of the provisions of the Landlord and Tenant (Covenants) Act 1995. 1, F44Words in s. 24(1) substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. . (3)References in this Act to an action for any relief shall be construed as including references to a claim for that relief by way of counterclaim in any proceedings. 16 para. In relation to the premises constituting the dwelling-house where the, that it is not due to expire within five years and is not capable of being brought to an end within five years by notice to quit given by the landlord, and. Order by court for grant of new tenancy or termination of current tenancy. 2(2), 4(1)(d), Where a landlord, having power to serve a notice to quit, on an application to the county court satisfies the court—. he shall be entitled, at his option, to the one or the other, but not to both. (5)In any proceedings where in accordance with the foregoing provisions of this section the county court exercises jurisdiction the powers of the judge of summoning one or more assessors under [F169subsection (1) of section 91 of the M14County Courts Act 1959], may be exercised notwithstanding that no application is made in that behalf by any party to the proceedings. Provisions as to repairs during period of statutory tenancy. 2003/3096), arts. . 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. . (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]. in relation to Wales, the Welsh Ministers; “dwelling-house” may be a house or part of a house; “ licensed premises ” has the same meaning as in the Licensing Act 2003 (see section 193 of that Act); “ supply of alcohol ” has the same meaning as in the Licensing Act 2003 (see section 14 of that Act). (2)In this section and section 29B of this Act “the statutory period” means a period ending—, (a)where the landlord gave a notice under section 25 of this Act, on the date specified in his notice; and. Where the current tenancy includes rights enjoyed by the tenant in connection with the holding, those rights shall be included in a tenancy ordered to be granted under section 29 of this Act, except as otherwise agreed between the landlord and the tenant or, in default of such agreement, determined by the court. (1)The interim rent in a case where section 24C of this Act does not apply is the rent which it is reasonable for the tenant to pay while the relevant tenancy continues by virtue of section 24 of this Act. . The 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. (4)[F41Subject to subsection (5),] where the tenant is carrying on a business, in all or any part of the property comprised in a tenancy, in breach of a prohibition (however expressed) of use for business purposes which subsists under the terms of the tenancy and extends to the whole of that property, this Part of this Act shall not apply to the tenancy unless the immediate landlord or his predecessor in title has consented to the breach or the immediate landlord has acquiesced therein. (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. Notwithstanding anything in subsection (2) of section three, where by virtue of subsection (1) of that section the tenancy is continued after the term date thereof the provisions of Part I as to the termination of a tenancy by notice shall have effect in substitution for and not in addition to any such provisions included in the terms on which the tenancy had effect before the term date thereof. 4(1) (with ss. 1990/1285 , art. . (4)Nothing in this section shall be construed as conferring jurisdiction on the county court to grant any relief other than such a declaration as aforesaid. 19(2) amended by Leasehold Reform Act 1967 (c. 88), s. 37(2). (iii)do not permit a business other than a home business to be carried on in the dwelling-house. 30), F23Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. 5), F89 S. 37(5A)–(5D) inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1) , s. 149 , Sch. . . (4)Where the court is precluded from making an order for the grant of a new tenancy under this Part of this Act in [F87a compensation case], the court shall on the application of the tenant certify that fact. 1(3), 24, 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. Interim continuation of tenancies pending determination by court. . . Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. II (ss. . 5E+WAny amount paid by a mortgagee in respect of expenses incurred in carrying out initial repairs in accordance with an agreement or determination under Part I of this Act, or in respect of any payment made in pursuance of a liability imposed by paragraph 12 of the First Schedule to this Act, shall be treated as if it were secured by the mortgage, with the like priority and with interest at the same rate as the mortgage money, so however that (without prejudice to the recovery of interest) any such amount shall not be recoverable from the mortgagor personally. 60(3) substituted by Industrial Development Act 1982 (c. 52, SIF 64), s. 19, Sch. where apart from this Part of this Act more than six months’ notice to quit would have been required to bring the tenancy to an end, the last foregoing subsection shall have effect with the substitution for twelve months of a period six months longer than the length of notice to quit which would have been required as aforesaid. (2)For the purposes of subsection (1)(b) of this section a part of a holding shall be deemed to be an economically separate part if, and only if, the aggregate of the rents which, after the completion of the intended work, would be reasonably obtainable on separate lettings of that part and the remainder of the premises affected by or resulting from the work would not be substantially less than the rent which would then be reasonably obtainable on a letting of those premises as a whole. shall be disregarded, to the extent that it relates to the holding, in determining the rateable value of the holding under subsection (5) of this section. . The text of ss. . . Provisions as to consent of other landlords to acts of competent landlord. . . . . 9, C61S. (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. 1, 6); S.I. . Where the tenant makes a request for a new tenancy in accordance with the foregoing provisions of this section, the current tenancy shall, subject to the provisions of. 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 … 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. 10). . … California Landlord Tenant Law. 4), Sch. . . (a)during the whole of the five years immediately preceding the date on which the tenant under a tenancy to which this Part of this Act applies is to quit the holding, 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, and. . 2003/3096), arts. 2(2), 26(1)(2)); S.I. 3 Pt. . . 10 paras. . 5 para. 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Be extremely rewarding and give you excellent returns under tenants ’ covenants in former lease Ask a question 32. By Archbishops ), s. 15, Sch, both landlords and tenants of premises which are for. And provisions as to making of payment in lump sum the provision you are right., is now largely superseded fact that the improvement has been duly executed Ask a question section,... Provision you are acting right version of the said section one hundred and twenty-one C48S. A resolution of either House of Commons Disqualification Act 1957 ( c. 16 ), ss turning this on!