What is a 1954 Act notice?

A landlord has to service a section 25 notice to bring the statutory term to an end and typicaly, a tenant would serve a section 26 notice. The timing of the service of these notices can affect the level of rent paid on a lease renewal.

What does the Landlord and Tenant Act 1954 do?

The Landlord and Tenant Act 1954 governs the rights and obligations of landlords and tenants of premises which are occupied for business purposes.

When can a landlord serve a s25 notice?

The Section 25 Notice is used to inform the tenant either of proposed terms for a new lease or to oppose renewal. This notice must be served not more than 12 and not less than 6 months before the landlord wants the present tenancy to end which will be after the expiry date of the existing lease.

What is Part 2 of the Landlord and Tenant Act 1954?

Part II of the Act recognises that protection is necessary for business tenants since they stand to lose any goodwill they may have built up, and much of the value of their stock and equipment, if they have to leave the premises when the contractual date of the lease expires.

When to give notice under the landlord and Tenant Act 1954?

Notice by the landlord under section 25 of the 1954 Act (section 25 notice) This is a notice given by the landlord. It cannot be given before the last year of the term of the lease, nor can it be given after the tenant has served upon the landlord a request for a new tenancy under section 26 (see below).

Can a landlord opt out of the LTA 1954?

It applies to tenancies unless the Landlord and Tenant agreed to opt out of sections 24 – 28 of the LTA 1954 at the start of the Lease.

Can a tenant lose their 1954 Act rights?

However, with the passing of the Law of Property (Miscellaneous Provisions) Act 1989, it is probable that greater formality than a mere exchange of correspondence would nowadays be required for a section 28 agreement to arise and for a tenant to lose its 1954 Act rights.

Can a landlord serve a section 25 notice on a tenant?

To do that, you need to serve a Section 25 Notice on the tenant in addition to the break notice (and you’ll need to take advice on the timing of the notices). If you succeed in proving the statutory ground, you’ll have got rid of your tenant, although you’ll have to pay your tenant statutory compensation under the 1954 Act.

Notice by the landlord under section 25 of the 1954 Act (section 25 notice) This is a notice given by the landlord. It cannot be given before the last year of the term of the lease, nor can it be given after the tenant has served upon the landlord a request for a new tenancy under section 26 (see below).

However, with the passing of the Law of Property (Miscellaneous Provisions) Act 1989, it is probable that greater formality than a mere exchange of correspondence would nowadays be required for a section 28 agreement to arise and for a tenant to lose its 1954 Act rights.

Can a tenant be forced to vacate under the 1954 Act?

Once the court had found that a binding agreement under section 28 was in existence, it unavoidably followed that 1954 Act protection fell away and, the tenant’s rights under the new lease agreement not having been registered, the successor landlord was not bound by them so was entitled to require the tenant to vacate.

How does contracting out of the 1954 Act work?

If (in the example above) planning permission was not granted so the contract fell away, it would seem that: By section 28, the tenant would have contracted out of its 1954 Act rights to renew its existing lease, but By reason of the condition being unsatisfied, the tenant cannot enforce its agreement to be granted a new lease