Protected Tenancies Notes

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Protected Tenancies Tenancies For the 1954 Act to apply, s.23(1) must be satisfied which requires actual occupation of a tenancy for the purposes of a business. Some tenancies are excluded from these protections under s.43, and unless the Landlord and Tenants have contracted out of these provisions the act will apply. Landlords and Tenants can contract out of the provisions if the Landlord serves advanced notice 14 days before the Tenant is bound to enter the lease. The tenant signs a simple declaration* agreeing to the consequences of the notice. The tenancy reflects the notice and the declaration.
* If less than 14 days notice is given a Tenant must sign a statutory declaration.

Protection Provided Protected tenancies give the Tenant two layers of protection (s.24(1)): s.30(1)(a) Breach of repairing covenant s.30(1)(b) Breach of rent covenant s.30(1)(c) Other substantial breaches s.30(1)(d) Alternative accommodation s.30(1)(e) Underlease s.30(1)(f) Demolition s.30(1)(g) Landlord to occupy premises

1. The right to hold over (i.e. stay in actual occupation) past the contractual expiry date ('CED'); and

1. The right to apply to the court for an order for the grant of a new lease of the premises.

Landlord's Notice The Landlord can serve a s.25 notice to terminate the lease which can either be:

1. Hostile - the Landlord is unwilling to grant a new lease (specifying the grounds for opposition); or

2. Friendly - the Landlord is willing to grant a new lease (specifying the proposed terms of the new lease).

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