Q&As

Would the payment of an increased rent affect the continuation of a tenancy under section 24 of the Landlord and Tenant Act 1954?

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Published on LexisPSL on 09/03/2018

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

  • Would the payment of an increased rent affect the continuation of a tenancy under section 24 of the Landlord and Tenant Act 1954?

Would the payment of an increased rent affect the continuation of a tenancy under section 24 of the Landlord and Tenant Act 1954?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to any lease where the demised premises are occupied by the tenant for the purposes of a business carried on by him (section 23 of LTA 1954). The only exception to this is where the parties to it have, before the tenant became bound by the lease, complied with the procedure contained within LTA 1954 to exclude that protection (LTA 1954, s 38A). Where the protection applies, the lease shall not come to an end unless terminated in accordance with the provisions of the Act (LTA 1954, s 24(1)). It is open however for the tenant to surrender the tenancy to the landlord (LTA 1954, s 24(2)). Unless terminated therefore either in accordance with the provisions of LTA 1954 or surrendered by the tenant, the tenancy is continued beyond the contractual fixed-term for as long as the tenant continues to occupy the premises for the purposes of a business carried on by him.

Save for one set of circumstances, LTA 1954 does not make provision for the increase of rent during that statutory continuation of the fixed term. That exception is where an application has been made for a new tenancy

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