Business Tenancy in UK Law

Leading Cases
  • S Franses Ltd v The Cavendish Hotel (London) Ltd
    • Supreme Court
    • 05 Diciembre 2018

    Part II of the Landlord and Tenant Act 1954 confers a qualified security of tenure on business tenants. A tenant in occupation of the premises under a tenancy for a term of years certain may stay over and request a new tenancy beginning upon its expiry, unless before the tenancy was granted the landlord had served a notice informing the tenant of his rights and the parties had then agreed to exclude the relevant provisions of the Act.

  • Scholl Mfg. Company Ltd v Clifton (Slim-Line) Ltd
    • Court of Appeal
    • 08 Junio 1966

    In the present Act the draftsman knew better than to do this. There is but one tenancy of which the terms which would otherwise govern its coming to an end are modified by the Act. It is true that the tenancy may continue by virtue of the Act after the period at which, apart from Part II of the Act, it would have come to an end, but it is throughout one and the same tenancy.

  • Chiltern Railway Company Ltd and another v Patel
    • Court of Appeal (Civil Division)
    • 08 Febrero 2008

    It would be equally unreal if, assuming the statutory declaration was effective, what was contained in clause 8.2 of the lease was ineffective, because it applied to a statutory declaration rather than a declaration and because it irrelevantly mentioned the wrong paragraph of schedule 2 to the order.

    It is clear that on the facts of this case that paragraph 3, and not paragraph 4, applied. However, the requirement of paragraph 3 is not that a declaration must be “in the form set out in paragraph 7,” but that it must be “in the form or substantially in the form set out in paragraph 7”. Accordingly, the first issue is whether the statutory declaration in paragraph 8, as used in this case, is substantially in the form of the declaration in paragraph 7.

  • Dodds v Walker
    • House of Lords
    • 18 Junio 1981

  • British Broadcasting Corporation v Ioannou
    • Court of Appeal (Civil Division)
    • 14 Febrero 1975

    I do not think it is necessary in these cases to inquire whether there is a "renewal" of a previous contract of employment or a "re-engagement" under a new contract of employment. That is too fine a distinction for ordinary mortals to comprehend. Suffice it to say that you must always take the final contract which expires, and on the expiration of which he claims redundancy payment or compensation for unfair dismissal.

  • CA Webber (Transport) Ltd v Network Rail Infrastructure Ltd (formerly Railtract Plc)
    • Court of Appeal (Civil Division)
    • 15 Julio 2003

    I conclude on this review of the authorities that, save only for Lex Service, the consistent view taken by the courts has been that where a notice is served by a primary method authorised by section 23, such as by recorded delivery post, it matters not whether the notice was received and that there is no scope for the application of section 7, the risk of non-receipt being cast on the intended recipient.

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Legislation
  • Coronavirus Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ......Business improvement districts Business improvement districts . S-79 . Extension ... (1) A right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent may not be enforced, by action or otherwise, ......
  • Agricultural Tenancies Act 1995
    • UK Non-devolved
    • 1 de Enero de 1995
    ......business tenancies . Farm business tenancies. . S-1 . Meaning of ‘farm s tenancy’. 1 Meaning of ‘farm business tenancy’. . (1) A tenancy is a ......
  • Small Business, Enterprise and Employment Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... . . "(5) Where the tenant's breach of a prohibition (however expressed) of use for business purposes which subsists under the terms of the tenancy and extends to the whole of that property consists solely of carrying on a home business, this Part of this Act does not apply to the tenancy, even ......
  • Law of Property Act 1969
    • UK Non-devolved
    • 1 de Enero de 1969
    ....... (1) In section 34 of the Act of 1954 (rent under new. tenancy) the following paragraph shall be substituted for paragraph. ( c . ) ...anything in the preceding provisions of this section.’ S-6 . Business carried on by company controlled by landlord. 6 Business carried on by ......
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Books & Journal Articles
  • The Law Commission Report on the Landlord and Tenant Act 1954, Part II
    • Núm. 32-3, Mayo 1969
    • The Modern Law Review
    ...... PART I1 of the Landlord and Tenant Act 1954 gives business and professional tenants rights to continue and renew their ... doubt whether a court, in fixing terms for a new tenancy, may include a rent review clause.' Because of this doubt, ......
  • Js Mcmillan Pty LTD V Commonwealth (1997) 147 ALR 419: The Trade Practices Legislation and Government Immunity
    • Núm. 26-2, Junio 1998
    • Federal Law Review
    ...... legislation binds the Crown in so far as it "carries on a business".2 Until/S McMillan Ply Ltd v Commonwealth,3 there had been no close ... 15 when it had to consider the expression "business tenancy" which was defined as one where the premises are occupied by the ......
  • Landlord and Tenant Act 1954: time for a change?. Landlord and tenant update
    • Núm. 33-1, Febrero 2015
    • Journal of Property Investment & Finance
    • 107-112
    Purpose: – This legal update examines recent decisions on the security of tenure given by Landlord and Tenant Act 1954 to business tenants, and asks whether it is time to revisit or remove a piece ...
    ...... on the security of tenure given by Landlordand Tenant Act 1954 to business tenants, and asks whether it is time to revisit or remove a pieceof ... either to demand a significant rent increase inreturn for a new tenancy, or to step in an reap the benefits of the goodwill built up bythe tenant. ......
  • Legislation: The Housing Act 1988
    • Núm. 52-5, Septiembre 1989
    • The Modern Law Review
    ...... The first of the new forms of tenancy was known as an “assured tenancy.” This was a tenancy which ... were subject, with appropriate modifica- tions, to the business tenancy code in Part I1 of the Landlord and Tenant Act 1954. ......
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