Q&As

A subtenant operates a business tenancy from the premises, and also lives there. Does the subtenant have rights under the Landlord and Tenant Act 1954 and rights under Housing Act 1988? Who is the landlord for the purposes of the LTA 1954?

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Published on LexisPSL on 25/08/2015

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A subtenant operates a business tenancy from the premises, and also lives there. Does the subtenant have rights under the Landlord and Tenant Act 1954 and rights under Housing Act 1988? Who is the landlord for the purposes of the LTA 1954?
  • Tenancies within the LTA 1954
  • Tenancies within the HA 1988
  • Security of tenure and subtenancies

A subtenant operates a business tenancy from the premises, and also lives there. Does the subtenant have rights under the Landlord and Tenant Act 1954 and rights under Housing Act 1988? Who is the landlord for the purposes of the LTA 1954?

Tenancies within the LTA 1954

The LTA 1954, s 23 provides that a tenancy is within the LTA 1954 if the whole or a part of the demised premises is occupied by the tenant for the purposes of his business or for those and other purposes. The expression 'business' includes any trade, profession or employment. It also includes any activity carried on by a body of persons, whether corporate or unincorporate. Thus, there are three essential conditions if the protection of the Act is to be secured:

  1. there must be a tenancy. A mere licence does not confer statutory protection

  2. the tenant must occupy at least a part of the premises. A lease of a right of way is not in itself within the Act because it is not capable of being occupied within the meaning of the Act

  3. 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 whole of the demised premises qualifies for protection although the tenant can only insist on a new

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