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Affordable housing: a boost in the Budget
The SDLT burden on shared ownership trusts was reduced in the recent Budget. Laurence Target explains why this should make them a more attractive fo... Read more...
Boundaries – rectification
The LR has power to alter the register to correct a boundary error, but this can be refused if there are ‘exceptional circumstances’ that justify no... Read more...
Mixed use: Living over the shop
Mark Shelton and Lynn James explore the complexities of determining which security of tenure regime will apply to a mixed-use building held under on... Read more...
L&T: LTA 1954
Surrender - formalities

The procedures to be followed on an agreement to surrender under LTA 1954 were introduced by regulatory Reform Order 2003. The previous requirement that there had to be a court order authorising the agreement to surrender was abolished. Instead, T now has to give advance notice to L. The prescribed form of warning notice advises T that by committing itself to an agreement to surrender, it will be giving up its statutory rights of renewal. Needless to say, it warns T to get legal advice.

Surrender - void

Seller owned the freehold, having granted a 99-year lease to its subsidiary (Tenant). Together, Seller and Tenant had agreed to sell the freehold to the Buyer. It had been arranged that there would be a surrender by Tenant to Seller so that the unencumbered freehold would transfer to Buyer. However, Seller refused to complete, arguing that the agreement to surrender (with Tenant) was void, for failure to comply with LTA 1954. This does, of course, require L to serve a written notice on T, and for T to then respond with a declaration (or statutory declaration).

LTA 1954 – short lease
The security of tenure provisions for business premises under LTA 1954 do not apply to a term certain not exceeding six months unless:
Contracting out - health warning?
Suppose it is agreed that a lease will be contracted out of LTA 1954 protection. L serves the statutory health warning on T who then makes a statutory declaration in response. But, what happens if the completion date is then postponed until more than 14 days after service of the notice? Is it necessary for the T to make a fresh, non-statutory, declaration?
Back to basics: authorised guarantee agreements
authorJohn Martin looks at a number of drafting and technical issues arising out of the Landlord and Tenant (Covenants) Act 1995.
Renewal proceedings – discontinuance
Elements of LTA 1954 were simplified in 2003. In particular:
LTA 1954 – exclusion
The obvious way of avoiding the application of LTA 1954 is to follow the contracting-out procedures as introduced by Regulatory Reform Order 2003. But there may be simpler alternative ploys:
LTA 1954 – 'occupation' and renewal
T can only claim a renewal lease if he ‘occupies’ the ‘premises’ for ‘the purposes of a business carried on by him’.
LTA 1954 - compensation ploy?
One of the changes introduced to LTA 1954 by the Regulatory Reform Order 2003 was a new type of application under s29(2). This allows an application by L for an order to terminate the existing tenancy without the grant of a new lease. To obtain such an order L must prove one of the statutory grounds for opposition.
Business tenancies: still time for a change of plan?
Author PortraitJohn Martin considers a recent Court of Appeal decision where the landlord sought to oppose renewal on the redevelopment ground.
Business tenancies - 'competent L'
An s25 notice can only be served by the ‘competent L’. But, that may not be T’s immediate L:
LTA 1954 - Tricks and traps
ImageTwo new High Court decisions will go down in legal textbooks as the first cases on the effect of the changes made to the Landlord and Tenant Act 1954. Alison Hardy examines the impact of the cases.
LTA 1954 - What room for tactics now?
ImageSome 18 months on from the reform of the Landlord and Tenant Act 1954, John Martin looks at what tactics remain available in business lease renewal.
Landlord and Tenant Act 1954: Opposing a new lease under Ground (f)
Dogan & Semali [2005] EWCA Civ 1036
Subject to certain exceptions, the Landlord and Tenant Act 1954 gives security of tenure to tenants of business premises. This means that even when a lease or tenancy comes to an end, a statutory tenancy continues until it is brought to an end in accordance with the Act.
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