LTA 1954 business lease renewal—proceedings
LTA 1954 business lease renewal—proceedings

The following Property guidance note provides comprehensive and up to date legal information covering:

  • LTA 1954 business lease renewal—proceedings
  • When can an application to court be made?
  • Time limits for application to court or agreement to extend the statutory period
  • Where to issue proceedings
  • Court fees
  • Landlord for the purposes of proceedings
  • Conflicting applications to court
  • Unopposed application—procedure
  • Unopposed—claim form and particulars of claim
  • Unopposed—acknowledgement of service
  • more

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier Tribunal (FTT) commenced on 1 January 2018. The 12-month period came to an end on 31 December 2018. However, it was confirmed in a user group meeting on 23 January 2019 that the pilot scheme is continuing. The positive feedback and letters of support received by the FTT would indicate that the pilot has been a success, with users appreciating the efficiency and approachability of the FTT. Consideration will now be given as to whether the pilot should be expanded to other FTT regions. For more information in respect of the pilot, see First-tier tribunal unopposed lease renewals pilot.

For guidance regarding termination of business leases including:

  1. the criteria in section 23 of the Landlord and Tenant Act 1954 (LTA 1954) for whether or not a tenancy falls within the statutory security of tenure for business tenancies, including the meaning of occupied for the purposes of business

  2. the exclusions from security of tenure including under LTA 1954, s 43

  3. methods for ending a business lease during the term or after the expiration of the fixed term including by common law methods of surrender and forfeiture, and under the LTA 1954 by way of a landlord’s section 25 notice