Welsh translation. This page is translated from the canonical English version for general information. UK legal terms do not always translate exactly — check the English source for legal decisions and seek professional advice for important matters. The English page is authoritative.
Crynodeb
Part II of this Act provides security of tenure for business tenants. At the end of a business lease, the tenant has the right to a new tenancy unless the landlord can establish one of the statutory grounds for opposition (e.g., persistent delay in rent, intention to demolish and reconstruct, own occupation). The Act sets out the procedure for lease renewal, including the court's power to determine the terms of the new tenancy.
Pwyntiau allweddol
- Business tenants have the right to a new tenancy
- Landlord can oppose on statutory grounds (s.30)
- Tenant can apply to court for a new tenancy
- Parties can contract out by agreement (since 2004)
- Compensation payable if tenant displaced on certain grounds
- Business tenancies do not end automatically — they continue until terminated by notice under the Act (s.24)
- Tenant has the right to apply for a new tenancy (s.24(1))
- Landlord may oppose renewal only on specified grounds (s.30(1)), including redevelopment (ground (f)) and own occupation (ground (g))
- Court determines the terms of the new tenancy including rent (s.34–35)
- Parties may contract out of the Act's protection by serving a warning notice and obtaining the tenant's declaration (s.38A)
- Tenant may be entitled to compensation if the landlord successfully opposes renewal on certain grounds (s.37)
Rhannau ac adrannau
Hanes diwygiadau
2003 — Regulatory Reform (Business Tenancies) Order 2003
Simplified the renewal process and allowed contracting out by agreement.
2003 — Regulatory Reform (Business Tenancies) (England and Wales) Order 2003
Modernised the contracting-out procedure and simplified the process for serving notices.