Q&As

Is it possible to follow the contracting out procedure under the Landlord and Tenant Act 1954 before entering into a licence to occupy commercial land as a fall-back position in the event that the licence was held to be a tenancy, without derogating from the primary position of the occupation being a licence?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 22/05/2018

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is it possible to follow the contracting out procedure under the Landlord and Tenant Act 1954 before entering into a licence to occupy commercial land as a fall-back position in the event that the licence was held to be a tenancy, without derogating from the primary position of the occupation being a licence?

Is it possible to follow the contracting out procedure under the Landlord and Tenant Act 1954 before entering into a licence to occupy commercial land as a fall-back position in the event that the licence was held to be a tenancy, without derogating from the primary position of the occupation being a licence?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides security of tenure in respect of business tenancies that fall within its provisions. LTA 1954, s 24 provides that such a tenancy does not come to an end notwithstanding the expiration of the term of the lease, unless the lease is terminated in accordance with its provisions. Those provisions specify the need for the provision of notice; a party can apply to the court for the grant of a new lease on like terms, which will be granted unless one of the specified grounds for opposition set out in LTA 1954, s 30 apply.

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