Q&As

Where a tenant was holding over following the expiry of a Landlord and Tenant Act 1954 (LTA 1954) tenancy, but arguably gave up occupation for the purpose of their business (by allowing a 3rd party into occupation without consent) and a notice pursuant to LTA 1954, section 24(3) was served to terminate the tenancy, what is the procedure if the landlord wants to withdraw the notice/extend the notice? Would this prejudice the landlord if it changed its mind in due course? If the section 24 notice remained and the 3rd party remains in situ what is the position on expiry of the notice?

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Published on: 08 June 2017
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This Q&A considers the effect of a notice under section 24(3) of the Landlord and Tenant ACT 1954 (LTA 1954) (section 24(3) notice).

Part II of the 1954 Act

LTA 1954, Pt II is a regime which provides a degree of security of tenure where the tenant uses the premises for their own business (LTA 1954, s 23(1)). Issues can arise regarding what amounts to a business and whether there is a sufficient connection

Jonathan Edwards
Jonathan Edwards chambers

Barrister, Radcliffe Chambers

Jonathan Edwards practises at Radcliffe Chambers in Lincoln’s Inn. He specialises in contested probate, claims to trust and estate assets, claims for partnership and estate accounts, property litigation including landlord and tenant, and insolvency and commercial disputes.

He is regularly instructed to represent clients in the High Court and County Court, and has been instructed to assist with proceedings in Jersey. Cases in which he has acted include Taylor v Taylor [2017] EWHC 1080 (Ch) and Burki v Seventy Thirty Limited [2018] EWHC 2151 (QB).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Tenant definition
What does Tenant mean?

A person to whom a lease is granted.

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