The Law Commission Report on the Landlord and Tenant Act 1954, Part II
| DOI | http://doi.org/10.1111/j.1468-2230.1969.tb02305.x |
| Published date | 01 May 1969 |
| Date | 01 May 1969 |
REPORTS
OF
COMMITTEES
THE
LAW
COMMISSION
REPORT
ON
THE
LANDLORD
AND
TENANT ACT
1954,
PART
11
PART
I1
of the Landlord and Tenant Act
1954
gives business and
professional tenants rights to continue and renew their tenancies
after the contractually agreed term has expired. The Law Com-
mission, in its report on Part
11,'
says that. this is an important
piece of legislation, affecting a considerable section of the com-
munity, which has worked we11 on the whoIe.2
But
experience has
now shown that some provisions
"
have given rise to uncertainty
or
are likely to cause inconvenience and even injustice." The
Commission, in
a
thorough fashion, has given its views upon the
suggestions of interested persons and organisations, has made in
Appendix
I
suggested amendments to Part
I1
of
the
1954
Act and
has set out in Appendix
I1
the
1954
Act, Part
I1
as
it
would appear
if
re-enacted to include the amendments. Proposals for reform
could scarcely be put more clearly, one only hopes that. Parlia-
mentary amendments will not mangle the drafting.
The problems under Part
11,
as discussed by the Law Commis-
sion, seem to be firstly those which arise because the Act is not
clear
or
because of the way in which a court has interpreted
it
and
secondly those which arise because attempts at avoidance
or
abuse
have been made.
Obscurity
or
uncertainty
There
is
doubt whether
a
court, in fixing terms for
a
new
tenancy, may include a rent review clause.' Because of this doubt,
some judges have granted a new lease for
a
fairly short period,
so
that when the tenant applies for a further lease towards the end of
his new period,
it
can be grqnted at an increased rent. This gives
the landlord his increase but causes the tenant uncertainty and
expense. The Commission therefore suggests that
s
court which is
fixing a rent under a new tenancy should be given power to include
('
such power for varying the rent as may be specified in the
determination
')
;
one would hope that this would include a power
to vary a rent down as well as up, as the demolition of adjacent
houses
for
redevelopment affects a small business badly.
fications.
in
the Law of Property Bill
now
before Parliament.
court for
a
new
tenancy totalled 2,563 and during 1967 totalled
4,258.
1
Law Com.
No.
17, January 1969. The Report is implemented, with modi-
2
Appendix
111
shows that during 1964 applications under
8.
24
to the
county
3
Pa-ra.
1.
4
RE
88
High
Road,
Kilbutn
[1959]
1
All
E.R.
597.
5
Para.
21,
cl.
2
of
draft Bill.
806
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