|Article - Landlord & Tenant|
Landlord & Tenant Act 1954 - June 2004 Changes
Regulatory Reform (Business Tenancies) (
Section 25 Notice
Landlord must now include their own proposals in the Section 25 Notice.
A new form has been proposed under Schedule 2 of The Landlord and
Tenant Act 1954, Part 2 (Notices) Regulations 2004.
The recent case of
to the Court for a New Tenancy
the new regime, the Tenant or Landlord can apply to the Court for a new
tenancy. The Landlord is also
able to apply for an Order terminating the current lease without renewal.
This application does need to be made before the expiry of the
Section 25 Notice or the date specified on the Section 26 request.
Further extensions of time can be agreed between the parties.
Landlords and Tenants can now apply to the Court for interim rent during
the continuation of the tenancy. The
method of valuation will change where the renewal is unopposed by the
Landlord and this should reflect the open market rental value.
to the Court to Exclude the LTA 1954
will no longer be necessary to apply to the court to dis-apply the
security of tenure provisions under the Landlord & Tenant Act 1954.
The Landlord should serve on the potential Tenant a notice in the
prescribed form which contains a “health warning” suggesting that the
Tenant seeks independent legal advice. This
should be served on the Tenant at least 14 days before the commencement of
the Lease. If this is done,
then the Tenant need only sign a simple declaration confirming receipt of
the notice. Should there be
less than 14 days before the commencement of the Lease, then the Tenant
will have to swear a Statutory Declaration in the form as prescribed in
Schedule 1 of The Regulatory Reform (Business Tenancies) (England and
Wales) Order 2003.
of Premises by Tenant
reforms give statutory effect to the case of
Article First Published: 1 May 2004
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