Business Tenancy in UK Law

Leading Cases
  • S Franses Ltd v The Cavendish Hotel (London) Ltd
    • Supreme Court
    • 05 Dic 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 Jun 1966

    In the present Act the draftsman knew better than to do this. There is no such directory. 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.

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

  • British Broadcasting Corporation v Ioannou
    • Court of Appeal
    • 14 Feb 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
    • 15 Jul 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.

  • Wilkinson v Secretary of State for Work & Pensions
    • Court of Appeal
    • 23 Oct 2009

    On the appeal to the Upper Tribunal Mr James Clifford of Counsel (for Mr Wilkinson) accepted that the decision of the Secretary of State was consistent with the literal interpretation of s.46. Section 46(1)(i) does, of course, limit the deduction to additional pension earned up to 5 th April 1997 after which GMP ceased to accrue as a result of changes made by the Pensions Act 1995 and additional pensions were no longer calculated by reference to earnings from contracted-out employment.

  • Rakusens Ltd v Baser Ambalaj Plastik Sanayi Ticaret as
    • Court of Appeal
    • 15 Oct 2001

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