Legal > Lease renewal
-
Interim rent
27 May 2009
The interim rent provisions have been amended by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 ('2003 Order') which has repealed the old section 24 of...
-
Compensation on quitting the holding
27 May 2009
The policy of the Landlord and Tenant Act 1954 ('1954 Act') is to allow landlords to oppose the grant of a new tenancy on certain grounds which are...
Summary
Commercial lease renewal is a highly contentious arena in which the stakes are often substantial. Understanding case law associated with the Landlord and Tenant Act 1954 is absolutely essential. Firstly to ensure the procedure followed and hoops that you have to go through are correct and secondly to ensure that if it does become a dispute, you are aware of how to resolve it by understanding the outcomes of decisions from the courts.
This section is maintained by Camilla Lamont, Anne Seifert and Myriam Stacey.
- Lease renewal
-
When the act applies
- Landlord and Tenant Act 1954, section 23
- Only tenants are protected
- Application to subtenants
- Tenancy must include premises capable of being occupied
- Premises must be occupied by the tenant
- Tenant's occupation must be (at least in part) for its business purposes
- Tenancy must not prohibit business use
- Statutory exclusions
- Contracting out
- Continuation of the tenancy
- First steps: notices and requests
- Making an application to court
- Opposing the grant of a new tenancy
- Disputes as to the terms of a new tenancy
- Preparing and giving expert evidence
- Compensation on quitting the holding
- Interim rent
-
Finalising the lease renewal process
- Introduction
- Opposition to a new tenancy by a landlord
- Dismissal on other grounds
- Termination of the tenancy
- Yielding up
- Execution of the new lease
- Tenancy commencement date
- Effect of new tenancy on reversionary interests
- Failure to execute lease
- Agreement not to act on the order
- Application by tenant for revocation of the order