. . . The House of Lords decided that the tenant could not be said to occupy for the purposes of the business that was being carried on there (which was being carried out by the market traders). if the term date of the tenant’s tenancy would otherwise fall later, it shall be deemed for the purposes of Part I of this Act to fall at the expiration of seven months from the making of the order. para. ” has the meaning assigned to it by subsection (3) of section twenty-three of this Act; “interim rent” has the meaning given by section 24A(1) of this Act; For the purposes of this Part of this Act, a person has a controlling interest in a company, if, had he been a company, the other company would have been its subsidiary; and in this Part—, S. 46 renumbered (1.6.2004) as s. 46(1) by, Words in s. 46(2) substituted (1.10.2009) by. (2)Paragraph (c) of the said subsection (1) (which provides that a tenant shall not be entitled to compensation in respect of any improvement made less than three years before the termination of the tenancy) shall not apply to any improvement begun after the commencement of this Act. . 10 para. 2, Sch. 2(8) inserted by S.I. The questions was, whether the tenant could take advantage of the protection offered by the act. . . (2)This Act shall come into operation on the first day of October, nineteen hundred and fifty-four. . . (3)For the purposes of subsection (1) of this section the question whether a tenancy (hereinafter referred to as “the superior tenancy”) is to be treated as having a duration at least five years longer than that of the relevant tenancy shall be determined as follows:—. Provisions for purposes of Part I where Immediate Landlord is not the Freeholder, In this Schedule the following expressions have the meanings hereby assigned to them in relation to a tenancy (in this Schedule referred to as “. . . 8E+WWhere the landlord gives such a notice which does not contain such a requirement, then if the tenant elects to retain possession his notification in that behalf may include a requirement that a record shall be made of the state of repair of the dwelling-house. Where the landlord and tenant agree for the grant to the tenant of a future tenancy of the holding, or of the holding with other land, on terms and from a date specified in the agreement, the current tenancy shall continue until that date but no longer, and shall not be a tenancy to which this Part of this Act applies. 53 amended by S.I. . In any case falling within paragraphs (a) and (b) of subsection (1) of this section, the court shall not make any such order as is mentioned in paragraph (c) thereof unless the time of the making of the order falls earlier than seven months before the term date of the tenancy: The foregoing provisions of this section shall not have effect in relation to a failure to comply with—, any term of a tenancy as to payment of rent or rates or as to insuring or keeping insured any premises, or. 15 (continued by Rent Act 1977 (c. 42), Sch. . 39(1) repealed by Land Compensation Act 1973 (c. 26), Sch. (a)that amount shall be recoverable notwithstanding anything in sub-paragraph (2) of this paragraph; (b)in a case falling within sub-paragraph (3) of this paragraph the said amount shall be recoverable in addition to the amount specified in that sub-paragraph; (c)the time for recovery of the said amount shall, as well in a case falling within sub-paragraph (2) of this paragraph as in one falling within sub-paragraph (3) thereof, be that mentioned in the said sub-paragraph (3). The provisions of the Second Schedule to this Act shall have effect as respects cases where the landlord or the tenant fails to carry out initial repairs, as to the cost of carrying out such repairs in certain cases and as to the making of a record, where required by the landlord or by the tenant, of the state of repair of the dwelling-house. In the case of business tenancies, both landlords and tenants need to be aware of security of tenure. The grounds on which an agreement or determination may be varied on an application under the last foregoing paragraph are the following:—, that the expenditure reasonably incurred by the landlord in carrying out the relevant initial repairs substantially exceeded the estimated cost thereof; or. Where an interest in any property comprised in a tenancy belongs to the Duchy of Cornwall, then for the purposes of Part II of this Act such person as the Duke of Cornwall, or other the possessor for the time being of the Duchy of Cornwall, appoints shall represent the Duke of Cornwall or other the possessor aforesaid, and shall be deemed to be the owner of the interest and may do any act or thing under the said Part II which the owner of that interest is authorised or required to do thereunder. . (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. I para. 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. (a)to a tenancy of an agricultural holding [F112[F113which is a tenancy in relation to which the Agricultural Holdings Act 1986 applies or a tenancy which would be a tenancy of an agricultural holding in relation to which that Act applied if subsection (3) of section 2 of that Act][F114 did not have effect or, in a case where approval was given under subsection (1) of that section], if that approval had not been given]; (b)to a tenancy created by a mining lease; (c). if not, it shall make an order for the grant of a new tenancy and accordingly for the termination of the current tenancy immediately before the commencement of the new tenancy. 30), F23Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. . 1 Pt. … (4)Where, in a case falling within sub-paragraph (1) of this paragraph, the competent landlord satisfies the court—, (a)that the obligations under the tenancy which in relation to him is the immediate mesne tenancy differ from the obligations under the relevant tenancy, and. (3)Where the tenant has made a request for a new tenancy under section 26 of this Act, the court shall not entertain an application under section 24(1) of this Act which is made before the end of the period of two months beginning with the date of the making of the request, unless the application is made after the landlord has given a notice under section 26(6) of this Act. 20(a) (with ss. On reviewing the documentation we noticed the tenant … 37A inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. the tenant shall not be required to give up possession of that property unless he has been a party to the proceedings or has been given notice of the order; and the provisions of the next following sub-paragraph shall have effect where he has been such a party or has been given such a notice: Provided that where the tenant has been a party to the proceedings the said provisions shall not apply unless he has at any time before the making of the order made application in the proceedings for relief under this paragraph. . ], F103S. (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. 1(3), 21(2), Sch. (9)Nothing in this section shall prejudice the operation of [F171section 41 of the County Courts Act 1984] (which relates to the removal into the High Court of proceedings commenced in [F172the county court]). (b)that if within twenty-one days of the giving of the notice the tenant makes to that Minister or Board representations in writing with respect to that question, they will be considered before the question is determined. Accordingly references (however expressed) in this Part of this Act to the business of, or to use, occupation or enjoyment by, the tenant shall be construed as including references to the business of, or to use, occupation or enjoyment by, a company falling within subsection (1A)(a) above or a person falling within subsection (1A)(b) above. . 10 paras. . . . if the term date of the relevant tenancy has not passed, that date; if that date has passed, and no notice has been given under subsection (1) of section four of this Act to terminate the relevant tenancy, the earliest date at which that tenancy could be brought to an end by such a notice; if such a notice has been given, the date of termination specified in the notice. . . . (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. . . 9(1)Where in the case of a tenancy to which section one of this Act applies—E+W, (a)the interest of the immediate landlord is itself a tenancy (in this paragraph referred to as “the mesne tenancy”), and, (b)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. . . . “ the appropriate national authority ” means—, in relation to England, the Secretary of State, and. 1(3), 10. 2 para. 2(2), 26(1)(2)); S.I. . F25Words substituted by Rent Act 1968 (c. 23), Sch. Additionally, a tenancy granted by reason of employment by the grantor is excluded from the Act - providing that there is clear agreement in writing which states the purpose of the tenancy. ” means a person (whether the owner of the fee simple or a tenant) whose interest is superior to the interest of the competent landlord. . 1 Pt. and the landlord grants a new tenancy of the whole of the property comprised in the relevant tenancy to the tenant (whether as a result of an order for the grant of a new tenancy or otherwise). . . (a)if the term date of the relevant tenancy has not passed, that date; (b)if that date has passed, and no notice has been given under subsection (1) of section four of this Act to terminate the relevant tenancy, the earliest date at which that tenancy could be brought to an end by such a notice; (c)if such a notice has been given, the date of termination specified in the notice. 5, Sch. that it is not itself in reversion expectant on an interest which is not due to expire or capable of being brought to an end as aforesaid. Subject to the provisions of this Act, in a case specified in subsection (1A), (1B) or (1C) below (a “compensation case”) the tenant shall be entitled on quitting the holding to recover from the landlord by way of compensation an amount determined in accordance with this section. 2003/3096), arts. (b)the business tenants shall be liable, to the exclusion of the other joint tenants, for the payment of rent and the discharge of any other obligation under the current tenancy for any rental period beginning after the date specified in the landlord’s notice under section 25 of this Act or, as the case may be, beginning on or after the date specified in their request for a new tenancy. . In section nine of the Act of 1927 (which provides that Part I of that Act shall apply notwithstanding any contract to the contrary made after the date specified in that section) the proviso (which requires effect to be given to such a contract where it appears to the tribunal that the contract was made for adequate consideration) shall cease to have effect except as respects a contract made before the tenth day of December, nineteen hundred and fifty-three. . 19. 1990/776, arts. 2), Criminal Justice and Courts Act 2015 (c. 2), City of London Corporation (Open Spaces) Act 2018 (c. i), Dockyard Services Act 1986 (c. 52, SIF 58), City of London (Spitalfields Market) Act 1990 (c. ix), Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), Small Business, Enterprise and Employment Act 2015 (c. 26), Landlord and Tenant (Licensed Premises) Act 1990 (c. 39, SIF 75:1), Barclays Group Reorganisation Act 2002 (c. iv), HSBC Investment Banking Act 2002 (c. iii), HBOS Group Reorganisation Act 2006 (c. i), The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 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. 2015/1689, reg. 2003/3096), arts. 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—. in the case of a holding comprising licensed premises, any addition to its value attributable to the licence, if it appears to the court that having regard to the terms of the current tenancy and any other relevant circumstances the benefit of the licence belongs to the tenant. (a)if the landlord’s interest in the property comprised in the tenancy belongs to or is held for the purposes of a Government department, the court shall on the application of the landlord determine as a term of the new tenancy that such an agreement as is mentioned in subsection (2) of this section and specifying such length of notice as is mentioned in the certificate shall be embodied in the new tenancy; (b)if the landlord’s interest in that property is held by statutory undertakers, the court shall on the application of the landlord determine as a term of the new tenancy that such an agreement as is mentioned in subsection (3) of this section and specifying such length of notice as is mentioned in the certificate shall be embodied in the new tenancy. 2(c) (with art. Posted 3 April, 2019; The procedure for “contracting out” The notice. ], [F91(5E) Any deduction made under paragraph 2A of Schedule 6 to the Local Government Finance Act 1988 (deduction from valuation of hereditaments used for breeding horses etc. ) Where on an application under this Part of this Act the court makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be agreed between the landlord and the tenant, or, in default of such an agreement, shall be such a tenancy as may be determined by the court to be reasonable in all the circumstances, being, if it is a tenancy for a term of years certain, a tenancy for a term not exceeding [F71fifteen] years, and shall begin on the coming to an end of the current tenancy. if the premises qualifying for protection are the whole of the property comprised in the tenancy, the tenancy shall continue at the same rent and in other respects on the same terms as before the term date; if the premises qualifying for protection are only part of the property comprised in the tenancy, the tenancy while continuing after the term date shall have effect as a tenancy of those premises to the exclusion of the remainder of the property, and at a rent to be ascertained by apportioning the rent payable before the term date as between those premises and the remainder of the property, and in other respects on the same terms (subject to any necessary modifications) as before the term date. (4)The last foregoing subsection shall apply in relation to any premises provided by a Government department without any rent being payable to the department therefor as if the premises were occupied for the purposes of a Government department. . 2(b), (1)The following provisions of this section shall apply where—, (a)a tenancy is held jointly by two or more persons (in this section referred to as the joint tenants); and, (b)the property comprised in the tenancy is or includes premises occupied for the purposes of a business; and, (c)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. 15 (continued by Rent Act 1977 (c. 42), Sch. 23 para. 22 Pt. 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 tenancy and, if so, details of the notice or request; (to the best of his knowledge and belief) the name and address of any other person who owns an interest in reversion in any part of the premises; and. . 22(1) , 34 , Sch. , F156Words substituted by Rent Act 1968 ( c. 42, SIF 75:1 ), ( 3 of! 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