Q&As

The contractual term of a three-year commercial lease has expired and the tenant has remained in occupation, paying rent on a quarterly basis. It is not known if the lease was inside or outside the security of tenure provisions of LTA 1954. How can the landlord recover possession or alternatively, increase the rent payable? Is the tenant able to serve any notice to determine the tenancy?

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Produced in partnership with David Sharpe of 12 King's Bench Walk Chambers
Published on LexisPSL on 18/12/2017

The following Property Disputes Q&A produced in partnership with David Sharpe of 12 King's Bench Walk Chambers provides comprehensive and up to date legal information covering:

  • The contractual term of a three-year commercial lease has expired and the tenant has remained in occupation, paying rent on a quarterly basis. It is not known if the lease was inside or outside the security of tenure provisions of LTA 1954. How can the landlord recover possession or alternatively, increase the rent payable? Is the tenant able to serve any notice to determine the tenancy?
  • The original lease was within LTA 1954
  • The original lease was contracted out of LTA 1954

The contractual term of a three-year commercial lease has expired and the tenant has remained in occupation, paying rent on a quarterly basis. It is not known if the lease was inside or outside the security of tenure provisions of LTA 1954. How can the landlord recover possession or alternatively, increase the rent payable? Is the tenant able to serve any notice to determine the tenancy?

This Q&A considers whether a landlord can recover possession, or increase the rent payable upon expiry of a commercial lease. It also considers whether the tenant is able to serve any notice to determine the tenancy.

The first consideration is whether the Landlord and Tenant Act 1954 (LTA 1954) applies to the tenancy.

The original lease was within LTA 1954

In the event that the original lease was within LTA 1954, if the tenant then remained in occupation for the purposes of their business (LTA 1954, s 23 provides that a tenancy is within 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) as at the contractual expiry date (in order to engage the protection of the LTA 1954, the tenant must be in occupation of the premises on the contractual termination date.

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