This is an extract of our Security Of Tenure document, which we sell as part of our Property Law and Practice Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.
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SECURITY OF TENURE
Governed by Landlord and Tenant Act 1954.
Determine the contractual end date of the lease.
Is the tenancy protected under s.23 L&TA 1954? [use flowchart]
Lease or licence?
Street v Mountford : A lease must grant exclusive possession of the property for a fixed or periodic term at a rent.
Look at the effect of the written agreement, not its label.
Occupation can be by the tenant personally, or through the medium of an agent or manager, or by a company owned by the tenant.
This can be partial occupation.
Business' is widely defined and includes 'a trade, profession or employment and in the case of a 'body of persons' any activity carried on by them.
'Any activity' means just that; it need not be a business or commercial activity.
Term of tenancy
The tenancy be for a fixed term of 6 months or more.
OR the tenant must in occupation for 12 months or more if in periodic tenancies of under 6 months.
Fixed term tenancies not exceeding 6 months
Tenancies at will
Tenancies of agriculture holding
Check in lease for reference to the serving of the required s.38A Notice
If no reference, then not contracted out of L&TA 1954, Part II
Effect of L&TA 1954:
Lease will not expire at end of contractual term - the tenancy holds over indefinitely.
The tenancy can only be ended in one the ways specified in the Act.
Stop T obtaining new lease
T seeking new Lease
T serves on L to trigger process
Fixed term must be 1 year or more
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