LTA 1954—terms of the renewal lease

Produced in partnership with Charlotte Coleman of Winckworth Sherwood
Practice notes

LTA 1954—terms of the renewal lease

Produced in partnership with Charlotte Coleman of Winckworth Sherwood

Practice notes
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This Practice Note deals with the determination of the terms of a renewal lease by the court under the sections 32–34 of the Landlord and Tenant Act 1954 (LTA 1954), in the event that the parties cannot reach agreement, in respect of the premises, length of term, the rent payable, and other terms including improvements, rent review break options, guarantors, repairs, reinstatement and alterations, service charges and rent deposits.

Court determination

Where a landlord and tenant cannot reach agreement as to the terms of a renewal lease, either party can apply to the court for a determination of the terms under LTA 1954, s 24(1).

LTA 1954, ss 32–35 set out the basis on which the court will determine the terms of the new lease as follows:

  1. LTA 1954, s 32 deals with the premises comprised in the new tenancy

  2. LTA 1954, s 33 deals with the duration of the new tenancy

  3. LTA 1954, s 34 deals with rent under the new tenancy

  4. LTA 1954, s 35 deals with other terms

Charlotte Coleman
Charlotte Coleman

Charlotte trained at Rosling King LLP and qualified in October 2008. She then worked at Osborne Clarke for four years, before joining the Property Litigation team at Winckworth Sherwood in October 2012. She regularly advises on contentious commercial landlord and tenant issues, including all aspects of estate and asset management, and has significant experience advising on vacant possession strategies, rights of light issues, party wall issues, restrictive covenants, easements, access rights and trespass.

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Jurisdiction(s):
United Kingdom
Key definition:
Renewal definition
What does Renewal mean?

The annual anniversary of a life contract at which point various options may be available to the policyholder to vary the terms of the policy, eg increase or decrease either the premium or the sum assured.

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