Q&As

A tenant holds over following the expiry of a Landlord and Tenant 1954 protected lease. The term commencement date in the renewal lease will be six months after the expiry of the original lease. The parties want to roll over the tenant’s repairing obligations and dilapidations liability from the original lease into the new lease. Does the gap between the expiry of the old lease and commencement of the new lease affect the parties’ ability to do this?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 09 July 2018
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Section 23 of the Landlord and Tenant Act 1954 (LTA 1954) provides as follows:

‘Subject to the provisions of this Act, this Part of this Act applies to any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him or for those and other purposes.’

LTA 1954, s 24 provides:

‘(1) A tenancy to which this Part of this Act applies shall not come to an end unless terminated in accordance with the provisions

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Landlord definition
What does Landlord mean?

A person who grants a lease.

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