Q&As

While a business tenancy continues under section 24 of the Landlord and Tenant Act 1954, in circumstances in which the parties have not agreed an interim rent, and no application has been issued, does this mean that no rent is contractually payable pending an application/agreement or does the obligation to pay rent continue under the original lease?

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Produced in partnership with David Peachey
Published on LexisPSL on 18/01/2021

The following Property Disputes Q&A produced in partnership with David Peachey provides comprehensive and up to date legal information covering:

  • While a business tenancy continues under section 24 of the Landlord and Tenant Act 1954, in circumstances in which the parties have not agreed an interim rent, and no application has been issued, does this mean that no rent is contractually payable pending an application/agreement or does the obligation to pay rent continue under the original lease?

It has always been the case that a person who uses and occupies property must generally pay for its use. That is the case even where that person remains in possession of premises after the determination of a lease (called 'holding over'). In some circumstances, a person holding over is subject to fairly draconian obligations for their continued occupation—the landlord can either claim double value under the Landlord and Tenant Act 1730, or double rent under the Distress for Rent Act 1737, depending on the circumstances.

Part II of the Landlord and Tenant Act 1954 (LTA 1954) changed those more severe consequences for most business tenancies. A tenancy to which LTA 1954, Pt II applies 'sh

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