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Contract Issues Notes

LPC Law Notes > Commercial Property Notes

This is an extract of our Contract Issues document, which we sell as part of our Commercial Property Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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Elective: Commercial Property

Commercial Property Contract Issues Pre-contract issues: obtaining possession from residential occupiers: o Part of the land is occupied by private sector / short term tenancies o These tenancies have statutory protection -security of tenure [Landlord and Tenant Act 1954]
Tenancies created PRIOR to 15th January 1989 o Protection by Rent Act 1977 o A protected tenancy: one that is protected by the RA 1977 [contractual]
o A statutory tenancy: once the protected tenancy has terminated under common law, the occupier
[or the successor if T1 has died] is entitled to remain under a statutory tenancy. Non-assignable and cannot be left by will. o A regulated tenancy: this encompasses both protected & statutory tenancies. Tenancies to which the Act applies:
A tenancy [not merely license]; and
Separate dwelling-house [purpose of the tenancy must be residential and must be a single unit]
i.e. a protected tenancy How can Landlord obtain possession - Grounds for possession: LL does not have right to possession. LL can terminate tenancy by Court order - available on limited grounds. LL must apply for 'Cases'

1. S.98(1) Rent Act 1977:
? Court is satisfied that suitable alternative accommodation is available for T and will be available when the order takes effect.
? Circumstances specified in Cases in Part I of Schedule 15 to this Act applies.
[Discretionary]. Fault grounds:
? It must be reasonable to grant possession to LL Case 1 Non-payment of rent / breach of obligation Case 2 Nuisance / immoral or illegal use

2. S.98(2): Circumstances in any of the Cases - Schedule 15, Part II of the Act applies.
[Mandatory]. Does not need to be reasonable Case 12 LL intends to occupy the house as a retirement home Case 15 Dwelling house occupied by minister of religion is required for that purpose Tenancies created AFTER 15th January 1989
? Protected by Housing Act 1988
? Rights of succession are restricted
? Tenancies the Act protects: Tenancy TYPE Grounds for possession Assured Basic form of tenancy
? Must be bought to an end in accordance with the 1

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