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What are the key differences between the definitions of ‘group company’ in the Landlord and Tenant Act 1954 (LTA 1954) and in the Companies Act 2006? Would the definition of group company in LTA 1954 catch a company held by the same ultimate holding company but not the same immediate parent company?

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Published on LexisPSL on 01/10/2019

The following Property Q&A provides comprehensive and up to date legal information covering:

  • What are the key differences between the definitions of ‘group company’ in the Landlord and Tenant Act 1954 (LTA 1954) and in the Companies Act 2006? Would the definition of group company in LTA 1954 catch a company held by the same ultimate holding company but not the same immediate parent company?

What are the key differences between the definitions of ‘group company’ in the Landlord and Tenant Act 1954 (LTA 1954) and in the Companies Act 2006? Would the definition of group company in LTA 1954 catch a company held by the same ultimate holding company but not the same immediate parent company?

Section 42 of the Landlord and Tenant Act 1954 (LTA 1954) applies to group companies in respect of tenancies that are subject to the provisions of LTA 1954, Pt II and provides that two bodies corporate are taken to be members of a group if one is a subsidiary of the other or both are subsidiaries of a third body corporate, or the same person has a controlling interest in both bodies corporate.

LTA 1954, s 46(2) provides that in respect of LTA 1954, Pt II:

‘…a person has a controlling interest in a company, if, had they been a company, the other company would have been its subsidiary; and…

“company” has the meaning given by section 1(1) of the Companies Act 2006; and

“subsidiary” has the meaning given by section 1159 of that Act…’

In so far as LTA 1954 is concerned therefore, the definition

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