This is an extract of our Example Conference Business Tenancies document, which we sell as part of our Property and Chancery Notes collection written by the top tier of City Law School students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Property and Chancery Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
INTRODUCTION Name and role Purpose of conference Agenda AREAS OF QUESTIONING Claim: Business Tenancies How much rent?
Rent payable - Quarterly?
Do they have alternative offices?
Location of Main Office Contemplating recovering possession of the building from XX Is property needed immediately?
For their own business use Ground
To be gutted and refurbished
Can ground floor be refurbished w/o disturbing the other floors Using substantial part of property?
XX informed of intention to continue tenancy?
ADVICE a. Law of Business Tenancies Governed by Part II Landlord and Tenant Act 1954 Section 23 (1) provides that:
"this Act applies to any tenancy where the property compromised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purpose of a business carried on by him or for those and other purposes" RequirementsThere must be a tenancyThe premises must be occupied by the tenant
-Exclusive possession of property
The premises must be occupied for the purposes of a business carried on by the tenantBusiness is widely defined in s23 to include a 'trade, profession or employment'. It includes a trade profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporate: s.23(2).
b. Claimant's Case ProcedureServe a s25 Notice - Notice to terminate tenancy Be served not less than six (6) but not more than twelve (12) months before termination date The termination date is as specified in the notice and cannot be earlier than the contractual end date. In prescribed form State whether landlord will oppose new tenancy (see amendments in Art 4 SI 2003/3096) Hostile notice:
landlord will oppose and on what grounds
Be served by "competent" landlord (s44 and Sch 6) The landlord must have more than fourteen (14) months to run on their own lease.After the landlord has given a s25 notice for termination, the tenant can apply under s.29 for a new tenancy or the landlord can apply for a new tenancy to be granted, or for termination of tenancy on s.30 ground. The time limit for application is before the termination date as specified in the notice. The parties can extend the time limits. The landlord must within 2 months serve a counter notice, informing the tenant whether he will oppose the grant of a new tenancy, and, if so, on what grounds.Procedure - CPR part 56 The claim should be commenced at the County Court to the district where the land is situated, although, if it is a complex claim, it can be started in the High Court.
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