Continuation of tenancies .Section 24 L. T. A. as amended L.P. A . 1969
(1) A tenancy to which this Part of this Act applies shall not come to an end unless terminated in accordance with
the provisions of this Part of this Act; and, subject to the provisions of section twenty - nine of this Act ,
the tenant under such a tenancy may apply to the court for a new tenancy -
(a) if the landlord has given notice under section 25 of this act to terminate the tenancy, or
(b) if the tenant has made a request for a new tenancy in accordance with section twenty - six of this Act.
(2) The last foregoing subsection shall not prevent the coming to an end of a tenancy by notice to quit given by
the tenant , by surrender or forfeiture , or by the forfeiture of a superior tenancy . unless
(a) in the case of a notice to quit , the notice was given before the tenant had been in occupation in right of
the tenancy for one month ; or
(b) in the case of an instrument of surrender , the instrument was executed before , or was executed in pursuance
of an agreement made before the tenant had been in occupation in right of the tenancy for one month .
(3) Notwithstanding anything in subsection (1) of this section -
(a) where a tenancy to which this part of this Act applies ceases to be such a tenancy , it shall not come to end
by reason only of the cesser , but if it was granted for a term of years certain and has been continued by sub
- section ( 1 ) of this section then ( without prejudice to the termination thereof in accordance with any terms
of the tenancy ) it may be terminated by not less than three nor more than six months notice in writing given by
the landlord to the tenant :
(b) where , at a time when a tenancy is not one to which this part of the act applies , the landlord gives notice
to quit , the operation of the notice shall not be affected by reason that the tenancy becomes one to which this
part of the act applies after the giving of the notice .
Rent while tenancy continues by virtue of s . 24
" 24 A - Law Of Property Act 1969
(1) The landlord of a tenancy to which this applies may, -
(a) if he has given notice under section 25 of this Act to terminate the tenancy; or
(b) if the tenant has made a request for a new tenancy in accordance with section 26 of this act apply to the court
to determine a rent which it would be reasonable for the tenant to pay while the tenancy continues by virtue of
section 24 of this Act , and the court may determine a rent accordingly .
( 2 ) A rent determined in proceedings under this section shall be deemed to be the rent payable under the tenancy
from the date the on which the proceedings were commenced or the date specified in the landlords notice or the
tenant 's request , whichever is the later .
( 3 ) In determining a rent under this section the court shall have regard to the rent payable under the terms
of the tenancy , but otherwise subsections ( 1 ) and ( 2 ) 0f section 34 of this Act shall apply to the determination
as they would apply to the determination of a rent under that section if a new tenancy from year to year of the
whole of the property comprised in the tenancy were granted to the tenant by order of the court ".
Termination of tenancy by the landlord.
Section 25 L . T. A. as amended L . P. A. 1969
(1) The landlord may terminate a tenancy to which this Part of this Act applies by a notice given to the tenant
in the prescribed form specifying the date at which the tenancy is to come to an end ( hereinafter referred to
as " the date of termination " )
Provided that this subsection has effect subject to the provisions of Part IV of this Act as to the interim continuation
of tenancies pending the disposal of application to the court .
(2) Subject to the provision of the next following subsection a notice under this section shall not have effect
unless it is given not more than twelve nor less than six months before the termination specified therein .
(3) In the case of a tenancy which apart from this Act could have been brought to an end by notice to quit given
by the landlord -
(a) the date of termination specified in a notice under this section shall not be earlier than the earliest date
on which apart from this part of this Act the tenancy could have been brought to an end by notice to quit given
by the landlord on the date of the giving of the notice under this section ; and
(b) where apart from this Part of this Act more than six months notice to quit would have been required to bring
the tenancy to an end , the last foregoing sub- section shall have effect with the substitution for twelve months
of a period six months longer than the length of notice to quit which would have been required as aforesaid .
(4) In the case of any other tenancy , a notice under this section shall not specify a date of termination earlier
than the date on which apart from this Part of this Act the tenancy would have come to an end by effuxion of time
.
(5) A notice under this section shall not have effect unless it requires the tenant , within two months after the
giving of the notice, to notify the landlord in writing whether or not, at the date of termination , the tenant
will be willing to give up possession of the property comprised in the tenancy.
(6) A notice under this section shall not have effect unless it states whether the landlord would oppose an application
to the court under this part of this Act for the grant of a new tenancy and, if so also states on which of the
grounds mentioned in section thirty of his Act he would do so . see Section 66 L. T . A. as to type of notice required
Where the form of a notice to be served on persons of any description is to be prescribed shall include such an
explanation of the relevant provisions of this Act as appears to the Lord Chancellor requisite for informing persons
of that description of their rights etc.
Tenants request for a new tenancy Section 26 L .T . A.
A tenants request for a new tenancy may be made where the tenancy under which he holds for the time being (hereinafter
referred to as the current tenancy) is a tenancy granted for a term of years certain exceeding one year, whether
or not continued by section twenty-four of this act, or granted for a term of years certain and thereafter from
year to year.
(2) A tenant 's request for a new tenancy shall be for a tenancy beginning with such a date, not more than twelve
not less than six months after the making of the request , as may be specified there in:
Provided that the said date shall not be earlier than the date on which apart from this Act the current tenancy
would come to an end by effluxion of time or could be brought to an end by notice to quit given by the tenant .
(3) A tenants request for a new tenancy shall not have effect unless it is made by notice in the prescribed form
given to the landlord and sets out the tenant 's proposals as to the property to be comprised in the new tenancy
( being either the whole or part of the property comprised in the current tenancy ) . as to the rent payable under
the new tenancy and as to the other terms of the new tenancy .
(4) A tenants request for a new tenancy shall not be made if the landlord has already given notice under the last
foregoing section to terminate the current tenancy , or if the tenant has already given notice to quit or notice
under the next following section ; and no such notice shall be given by the landlord or the tenant after the making
by the tenant of a request for a new tenancy .
(5) Where the tenant makes a request for a new tenancy in accordance with the foregoing provisions of this section
, the current tenancy shall subject to the provisions of subsection ( 2 ) of section thirty - six of this Act and
the provisions of Part IV of this Act as to the interim continuation of tenancies , terminate immediately before
the date specified in the request for the beginning of the new tenancy .
(6) Within two months of the making of a tenant' s request for a new tenancy the landlord may give notice to the
tenant that he will oppose an application to the court for the grant of a new tenancy , and any such notice shall
state on which of the grounds mentioned in section thirty of this Act the landlord will oppose the application
.
Section 64 of the Landlord and Tenant Act 1954 provides that where a Landlord has given notice under the provisions
of the Act terminating the tenancy , the Tenant informs the Landlord that he is not willing to give up possession
on the expiry of the Notice and the Tenant makes an application to the County Court for the grant of a new tenancy
, the date of termination specified in the Landlord 's original Notice is suspended until three months after the
County Court proceedings are finally disposed of . The section then defines what is meant by disposed of .
Opposition to new tenancy .Section 30 L.T.A. 1954 as amended L .P.A. 1969
(1) The grounds on which a landlord may oppose an application under subsection ( 1 ) of section twenty - four of
this Act are such of the following grounds as may stated in the landlord 's notice under section twenty - five
of this Act or , as the case may be , under subsection (6) of section twenty - six thereof , that is to say: -
(a) where under the current tenancy the tenant has any obligations as respects the repair and maintenance of the
holding , that the tenant ought not to be granted a new tenancy in view of the state of repair of the holding ,
being a state resulting from the tenant 's failure to comply with the said obligations:
(b) that the tenant ought not to be granted a new tenancy in view of his persistent delay in paying rent which
has become due:
(c) That the tenant ought not to be granted a new tenancy in view of other substantial breaches by him of his obligations
under the current tenancy , or for any other reason connected with the tenant 's use or management of the holding:
(d) That the landlord has offered and is willing to provide or secure the provision of alternative accommodation
for the tenant , that the terms on which the alternative accommodation is available are reasonable having regard
to the terms of the current tenancy and to all other relevant circumstances , and that the accommodation and the
time at which it will be available are requirements ( including the requirement to preserve goodwill ) having regard
to the nature and class of his business and to the situation and extent of , and facilities afforded by , the holding
:
(e) where the current tenancy was created by the sub - letting of part only of the property comprised in a superior
tenancy and the landlord is the owner of an interest in revision expectant on the termination of that superior
tenancy , that the aggregates of the rents reasonably obtainable on seperate lettings of the holding and the remainder
of that property would substantially less than the rent reasonably obtainable on a letting of that property as
a whole , that on the termination of the current tenancy the landlord requires possession of the holding for the
purpose of letting or otherwise disposing of the said property as a whole , and that in view thereof the tenant
ought not be granted a new tenancy:
(f) That on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises
comprised in the holding or a substantial part of those premises or to carry out substantial work of construction
on the holding or part thereof and that he could not reasonably do so without obtaining possession of the holding
:
(g) subject as here in after provided that on the termination of the current tenancy the landlord intends to occupy
the holding for the purpose, or partly for the purposes , of a business to be carried on by him there in . or as
his residence .
(2) The landlord shall not be entitled to oppose an application on the ground specified in paragraph ( g ) of the
last fore going subsection if the interest of the landlord , or an interest which has merged in that interest and
but for the merger would be the interest of the landlord, was purchased or credited after the beginning of the
period of five years which ends with the termination of the current tenancy, and at all times since the purchase
or creation thereof the holding has been comprised in a tenancy or successive tenancies of the description specified
in subsection (1) of section twenty - three of this Act.
Grant of tenancy where section 30 (1) (f) applies
31 A - Where the landlord opposes an application under section 24 ( 1 ) of this Act on the ground specified in
paragraph (f ) of section 30 (1) of this Act the court shall not hold that the landlord could not reasonably carry
out the demolition , reconstruction or work of construction intended without obtaining possession of the holding
if -
(a) the tenant agrees to the inclusion in the terms of the new tenancy of terms giving the landlord access and
other facilities for carrying out the work intended and , given that access and those facilities , the landlord
could reasonably carry out the work without obtaining possession of the holding and without interfering to a substantial
extent or for a substantial time with the use of the holding for the purposes of the business carried on by the
tenant; or
(b) the tenant is willing to accept a tenancy of an economically separable part of the holding and either paragraph
(a) of this section is satisfied with respect to that part or possession of the remainder of the holding would
be reasonably sufficient to enable the landlord to carry out the intended work .
See (2) definition of " economically separable "
Rent under new Tenancy Section 34 LTA 1954 as amended LPA 1969
The rent payable under a tenancy granted by order of the court under this Part of this Act shall be such as may
be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the court
to be that at which , having regard to the terms of the tenancy ( other than those relating to rent ), the holding
might reasonably be expected to be let in the open market by a willing lessor , there being disregarded -
( a ) any effect on rent of the fact that the tenant has or his predecessors in title have been in occupation of
the holding .
( b ) any goodwill attached to the holding by reason of the carrying on there at of the business of the tenant
( whether by him or by a predecessor of his in that business ) .
( c ) any effect on rent of an improvement to which this paragraph applies.
( d ) in the case of a holding comprising licensed premises . any addition to its value attribute to the license.
etc. etc.
( 2 ) Paragraph ( c ) of the foregoing subsection applies to any improvements carried out by a person who at the
it was carried out was the tenant, but only if it was carried out otherwise than in pursuance of an obligation
to his immediate landlord and either it was carried out during the current tenancy or the following conditions
are satisfied, that is to say; -
( a ) that it was completed not more than twenty-one years before the application for the new tenancy was made;
and
( b ) that the holding or any part of it affected by the improvement has at all times since the completion of the
improvement been comprised in tenancies of the description specified in section 23 ( 1 ) of this Act ; and
( c ) that at the termination of each of those tenancies the tenant did not quit .
( 3 ) " Where the rent is determined by the court the court may, if it thinks fit, further determine that
the terms of the tenancy shall include such provision for varying the rent as may be specified in the determination
"
See Limitation Act 1980 as to arbitration
The cause of action shall be deemed to have accrued in respect of any such matter at the time when it would have
accrued but for that term in the agreement .
Compensation Section 37 LTA 1954 as amended LPA 1969
(1) Where on the making of an application under section twenty - four of this Act the court is precluded (whether
by subsection (1) or subsection (2) of section thirty - one of this Act ) from making an order for the grant of
a new tenancy by reason of any grounds specified in paragraphs (e) , ( f ) and ( g ) of subsection (1) of section
thirty of this Act and not of any grounds specified in any other paragraph of that subsection then , subject to
the provisions of this Act , the tenant shall be entitled on quitting the holding to recover by way of compensation
an amount determined in accordance with the following provisions of this section .
(2) The said amount shall be as follows, that is to say, -
( a ) where the conditions specified in the next following subsection are satisfied it shall be " the product
of the appropriate multiplyer " twice the rateable value of the holding .
( b ) in any other case it shall be " the product of the appropriate multiplyer " the rateable value
of the holding .
( 3 ) The said conditions are -
( a ) that , during the whole of the fourteen years immediately preceding the termination of the current tenancy
, premises being comprised in the holding have been occupied for the purposes of a business carried on by the occupier
or for those and other purposes:
( b ) that, if during those fourteen years there was a change in the occupier of the premises , the person who
was the occupier immediately after the change was the successor to the business carried on by the person who was
the occupier immediately before the change .
N. B. ( See Sections (4), (5),and (6) as to definition of Rateable Value and how determined )
Local Government , Planning and Land Act 1980 amendment to section 37
" (8) In subsection (2) of this section " the product of the appropriate multiplyer " means such
multiplier as the Secretary of State may by order made by statutory instrument prescribe.
(9) A statutory instrument containg an order under sub- section (8) of this section shall be subjectto annulment
in pursuance of a resolution of either House of Parliament ".
