Business Tenancies

By: James Fox-Andrews, Del Williams

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Product code: 14696
ISBN: 0728203707
Format: Pb
Published by: Estates Gazette, 2002, 6th edition

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Business Tenancies - front page cover image

Description of Business Tenancies

Every landlord, tenant or sub-tenant of business premises in England and Wales is directly or indirectly affected by the Landlord and Tenant Act 1954 Part II. A thorough knowledge of the 1954 Act is essential for every surveyor and lawyer who deals with commercial property. As one of the acknowledged standard works in this field, Fox-Andrews on Business Tenancies provides an essential practical guide to the operation of the Act.

Business Tenancies - Chapter headings

PREFACE
TABLE OF CASES

1. LANDLORD AND TENANT ACTS 1927 AND 1954

1. Introduction - Historical background
1.1 Scope and purpose of the 1954 Act
1.2 Compensation provisions of the statutory code
1.3 Contracting out of the 1954 Act
1.4 Key definitions for the operation of the 1954 Act
1.5 Professional negligence
1.6 PACT Scheme

2. QUALIFYING CONDITIONS FOR PROTECTION

2. Essential requirements for protection
2.1 Requirement of a 'tenancy' and not a 'licence'
2.2 Tenancies at will
2.3 'Premises'
2.4 Licensed premises
2.5 Occupation by the tenant
2.6 Meaning of 'business'
2.7 Business-residential problem

3. EXCLUSIONS AND PARTIAL EXEMPTIONS FROM THE OPERATION OF THE ACT

3. Use of premises in breach of covenant
3.1 Agricultural holdings
3.2 Mining lease
3.3 Tenant as the holder of any office, appointment or employment
3.4 Short-term tenancies
3.5 Partially exempt landlords - government and public authorities
3.6 Other exemptions and exclusions
3.7 Contracting out and section 38

4. SECURITY OF TENURE

4. Continuation tenancy
4.1 Other methods of termination
4.2 Forfeiture
4.3 Surrender
4.4 Tenant's notice to quit
4.5 Continuation tenancy - interim rent

5. THE RENEWAL PROCEDURE

5. Landlord's initiative
5.1 Tenant's counternotice
5.2 Tenant's section 26 request
5.3 Landlord's counternotice
5.4 Rules for the service of notices under the 1927 and 1954 Acts

6. AGREEMENT FOR A NEW LEASE AND THE ROLE OF THE COURT

6. Agreement by the parties
6.1 Applications to the court
6.2 Civil Procedure Rules
6.3 Operation of section 64
6.4 Former county court procedures

7. GROUNDS OF OPPOSITION

7. General considerations
7.1 Failure to repair: ground (a)
7.2 Persistent delay in paying rent: ground (b)
7.3 Other substantial breaches of obligations: ground (c)
7.4 Alternative accommodation offered of secured: ground (d)
7.5 Letting or disposing of property as a whole: ground (e)
7.6 Intention to demolish or reconstruct: ground (f)
7.7 Defeating a landlord's claim under ground (f)
7.8 Intention to occupy for own purposes: ground (g)
7.9 Landlord successfully opposes
7.10 Tenant successful

8. NEW LEASE TERMS

8.1 New lease terms
8.2 Premises to be comprised in the new tenancy
8.3 Duration of the new tenancy
8.4 Other terms of the new tenancy

9. RENT AND RENT REVIEW AT RENEWAL

9. Rent under the new tenancy
9.1 Rent review provisions under the new tenancy

10. COMPENSATION

10. Compensation for disturbance
10.1 Compensation under section 59
10.2 Compensation for misrepresentation
10.3 Compensation for improvements

APPENDIX 1
APPENDIX 2
APPENDIX 3