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LPC Law Notes Property Law and Practice Notes

Protected Tenancies Notes

Updated Protected Tenancies Notes

Property Law and Practice Notes

Property Law and Practice

Approximately 490 pages

A collection of the best LPC PLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of PLP notes available in the UK this year. This collection of notes is fully updated for recent exams, a...

The following is a more accessible plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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

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

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:

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

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

Both types of notice should state the ‘specified termination date’ (‘STD’) and be in the prescribed form. The SDT must not be before the CED; and the SDT must be at least 6 months, but not more than 12 months from the date of the request.

Grounds for Opposition

If hostile notice is served then the Landlord should apply to the court for termination of the lease without the grant of renewal (s.29(2)) and must establish the grounds for opposing the grant of the new lease by the CED (s.29A).

The following sections are discretionary - (a), (b), (c) & (e) - which means the court may decide to terminate the lease and not order another lease to be created. Therefore the other sections (i.e. (d), (f) & (g)) are mandatory provisions meaning that if the Landlord can prove them the court must terminate the lease.

s.30(1)(g) is subject to the 5 year rule which mean that this grounds cannot be used if the Landlord has owned the property for less than 5 years. In addition, along with (f) the Landlord must show that they have a firm and settled intension to either demolish the property...

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