A more recent version of these Leases Business Tenancies notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Land: Leases - Business Tenancies - Landlord and Tenant Act 1954 Protection for Business Tenants - Landlord and Tenant Act 1954 Part II
(as amended by The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003: statutory instrument, came into force 1 June 2004).
- LTA 1954 Part II: allows business tenants to stay on at end of lease + apply for new tenancy. unless s30: grounds of opposition - if present, landlord can refuse new tenancy.
Application: Who is Protected by the Act?
- s23(1): Act protects tenants who occupy premises for the purpose of a business. s23(2): business - inc. trade, profession, employment, any activity carried on by body of persons (corporate or not). s23(3): holding - lease property exc. any part not occupied by t. or person employed by t. for purposes of business.
? t. can only apply for new tenancy of 'holding': i.e. part of premises t. occupies. s23(4): not t. carrying on business in breach of lease (unless l. consents/acquiesces). app. to all tenancies: legal + equitable - but: not licence.
- Occupation: question of fact - dep. on presence + control - esp. relevant where t. sub-lets: Graysim Holdings Ltd v P&O Property Holdings Ltd : t. of market hall had sub-let hall to 35 stall-holders; t. employed superintendant who occupied office ? HoL: t. NOT in occupation - insufficient presence + control.
[Ld Nicholls]: if interest of 3rd party in nature of tenancy, 3rd party is normally occupier. Trans-Britannia Properties Ltd v Darby Properties Ltd : t. had sub-let lock-up garages; t. did not maintain accommodation on premises, employ guard, make regular visits ? CoA: t. not in occupation. residential: if t. retains substantial control + presence ? t. in occupation for business of sub-letting.
Buy the full version of these notes or essay plans and more in our GDL Land Law Notes.