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Landlord & Tenant Law in the UK Law - Essay Example

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Landlord & Tenant Law in the UK Law

Hence Lord Jenkins LJ had to assert that relationship was not decided by the label such as licence but by law, in his decision in Addiscombe Garden Estates v Grabbe.1 Later in 1985 Lord Templeman declared in Street v Mountford 2 that giving of exclusive possession for a period created tenancy. When the expiry date of the lease is passed, it is supposed to continue by operation of law facilitating security of tenure. The landlord in this case has not given any quit notice before expiry of the leases. As per section 24 (a) of the Landlord and Tenant Act 1954, Bertrand, the landlord should therefore give notice under section 25 of the said act to quit and in turn the tenants would give their counter notices asserting their rights of security of tenure as afore said and would apply to County Court for new tenancies. Bertrand can refuse security of tenure only on the following grounds.
The above last three namely b, c, and d will apply provided the Bertrand is prepared to suitably compensate the tenants to move out. Unless Bertrand is ready to pay compensation as provided for, he can not successfully oppose tenants' applications in the court claiming security of tenure. ...
(d)For the landlord's own self use of the premises either for business or for use as his own residence.
The above last three namely b, c, and d will apply provided the Bertrand is prepared to suitably compensate the tenants to move out. Unless Bertrand is ready to pay compensation as provided for, he can not successfully oppose tenants' applications in the court claiming security of tenure. However if the lease agreements have already excluded the provisions of security of tenure, the tenants can not remain in the premises. If compensation rights have also been excluded in the lease agreements, they can not also claim compensation if lease renewal is refused by Bertrand. If the landlord is not opposed to new tenancy, he should send notice in Form 1 prescribed by the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004. The notice should state that the landlord is ending the existing tenancy and that he is not opposed to the new tenancy. The notice should contain new proposals for the new tenancy which he should offer to discuss with the tenant and also state that if they do not mutually agree to the proposals either of them can approach court of grant of new tenancy and settling the terms of disagreement between them. In case of the tenants wishing to approach the court, the landlord must set a date on the notice for doing so. The date can be extended by mutual agreement between them as set out in sections 29A and 29 B of the Act. In this case, question remains what happens if the land lord has not sent notice before the expiry of the lease. It appears that tenants should be careful enough to apply in the court by the said of expiry date failing which it will be fatal to their security of tenure right.
If on the other hand, landlord does not want ...Show more

Summary

Security of tenure is a right which a business tenant can exercise when his existing lease comes to an end so as to continue in business in the same premises under new tenancy agreement with the landlord. In order to claim security of tenure, the lease must be for a specific term of at least six months or a periodic term and not a tenancy at will…
Author : jgottlieb
Landlord & Tenant Law in the UK Law essay example
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