Business Tenancy in UK Law

Leading Cases
  • S Franses Ltd v The Cavendish Hotel (London) Ltd
    • Supreme Court
    • 05 December 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 June 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 February 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.

    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”. To say that this test is one of substance rather than form may well be correct, but he should not mask the point that the style, even the layout in the prescribed form, may at least in some respects be of the essence.

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

  • British Broadcasting Corporation v Ioannou
    • Court of Appeal (Civil Division)
    • 14 February 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 July 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
  • Tenant Fees Act 2019
    • UK Non-devolved
    • January 01, 2019
    ... ... to make a prohibited payment to the landlord in connection with a tenancy of housing in England ... (2) A landlord must not require a relevant ... agency work” means things done by a person in the course of a business in response to instructions received from—(a) a landlord who is seeking ... ...
  • Agricultural Tenancies Act 1995
    • UK Non-devolved
    • January 01, 1995
    ... ... para. 31 (with s. 37) (which Act inserted definition of farm business tenancy into 1985 c. 70, s. 14(3)). # C8 Act excluded by 1983 gsm1 s ... ...
  • Housing and Planning Act 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... immediate end, or(b) to allow letting agents to wind down current business ... Annotations: Commencement Information # I314 S. 17 in force at ... not affect the validity or enforceability of any provision of a tenancy or other contract entered into by a person despite any rule of law ... ...
  • Landlord and Tenant Act 1954
    • UK Non-devolved
    • January 01, 1954
    ... ... under such leases; to enable tenants occupying property for business, professional or certain other purposes to obtain new tenancies in certain ... this Part of this Act of a tenancy to which this section applies ... the tenant shall be entitled to the ... ...
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Books & Journal Articles
  • Preliminary Sections
    • Preliminary Sections
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 1-13
    ... ... 1.1 Introduction 3 1.2 Sources 4 1.2.1 Farm business tenancies 4 1.2.2 Agricultural Holdings Act 1986 tenancies 4 1.3 ... Applicable to a Tenancy 9 ... 2.1 Lettings of agricultural land in connection with a trade or ... ...
  • Agricultural Tenancies Act 1995 Notices
    • Part 2. Notices, precedents and forms
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 161-175
    ... ... BY LANDLORD TO TENANT, OR VICE VERSA, OF THE GRANTING OF A FARM BUSINESS TENANCY ... Agricultural Tenancies Act 1995 – section 1(4) ... To: ... ...
  • Farm Business Tenancies
    • Part 1. Legal background, definitions and relevant law
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 11-36
    ... ... 3.1 INTRODUCTION ... As already mentioned, the 1995 Act came into force on 1 September 1995. It applies to tenancy agreements, both oral and written, beginning on or after that date. Perhaps surprisingly, the 1995 Act did not require all tenancies from that date ... ...
  • Common Questions and Answers on Farm Business Tenancies
    • Part 1. Legal background, definitions and relevant law
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 37-50
    ... ... If, however, a long-term tenancy is granted it would be sensible to exchange notices so that there can be a diversification in the future without falling foul of the 1954 Act ... ...
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Forms
  • Notice of reference
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... occupier’s interest in the ... land: (freehold, leasehold, ... business tenancy etc.) ... Approximate amount of ... Details of every other person ... ...
  • Notice of Reference relating to the validity of a Blight or Purchase Counter Notice
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... (freehold, leasehold, business tenancy etc. if known) ... Details of every other person with an interest ... ...
  • GN1)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... their funds. The arrangement is a standard business ... practice and does not reflect on the deputy’s ... personal ... • Entering into, or terminating, tenancy agreements ... • Obtaining a grant to an estate to which the person ... ...
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