Landlord and Tenant Act 1954

Summary

Part II of this Act provides security of tenure for business tenants in England and Wales. When a business tenancy expires, the tenant has the right to remain in occupation and to request a new tenancy on terms to be agreed or determined by the court. The landlord can only oppose renewal on specified statutory grounds (e.g., redevelopment, persistent delay in paying rent, or the landlord's own intention to occupy). The parties may agree to 'contract out' of the Act's protection, but only if specific statutory procedures are followed.

Key Points

• 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)

Parts & Sections

Amendments History