The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/3096 |
| Year | 2003 |
2003 No. 3096
LANDLORD AND TENANT, ENGLAND AND WALES
REGULATORY REFORM
The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003
Made 1st December 2003
Coming into force 1st June 2004
Whereas
(a) the First Secretary of State has consulted1—
such organisations as appear to him to be representative of interests substantially affected by his proposals for this Order,
the National Assembly for Wales,
the Law Commission, and
such other persons as he considered appropriate;
(b) as a result of that consultation it appeared to the First Secretary of State that it was appropriate to vary part of his proposals, and he undertook such further consultation with respect to the variations as appeared to him appropriate;
(c) following the consultation mentioned in recitals (a) and (b) the First Secretary of State considered it appropriate to proceed with the making of this Order;
(d) a document containing the First Secretary of State’s proposals was laid before Parliament as required by section 6 of the Regulatory Reform Act 20012and the period for Parliamentary consideration under section 8 of that Act expired;
(e) the First Secretary of State had regard to the representations made during that period and, in particular, to the reports of the House of Commons Regulatory Reform Committee (Second Report, Session 2002–03, HC182) and the House of Lords Select Committee on Delegated Powers and Regulatory Reform (Fourth Report, Session 2002–03), HL Paper 22);
(f) a draft of this Order was laid before Parliament with a statement giving details of those representations and the changes to the First Secretary of State’s proposals in the light of them;
(g) the draft was approved by a resolution of each of House of Parliament;
(h) this Order modifies a function of the National Assembly for Wales and the Assembly has agreed that it be made;
(i) the First Secretary of State is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise; and
(j) this Order creates burdens affecting persons in the carrying on of certain activities, and the First Secretary of State is of the opinion that—
the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burdens being created, and
the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made;
Now therefore the First Secretary of State, in exercise of the powers conferred by sections 1 and 4 of the Regulatory Reform Act 2001, hereby makes the following Order:—
Introduction
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003.
(2) This Order extends to England and Wales only.
(3) This Order shall come into force at the end of the period of 6 months beginning with the day on which it is made.
(4) In this Order, “the Act” means the Landlord and Tenant Act 19543.
Amendment of the Landlord and Tenant Act 1954
2. The Act shall be amended as follows.
Applications to court by landlord or tenant
Amendments to section 24
3.—(1) In section 24(1)4(continuation of business tenancies), for the words “provisions of section twenty-nine of this Act, the tenant under such a tenancy may apply to the court for” substitute the words “following provisions of this Act either the tenant or the landlord under such a tenancy may apply to the court for an order for the grant of”.
(2) Insert the following subsections after section 24(2)—
“2A Neither the tenant nor the landlord may make an application under subsection (1) above if the other has made such an application and the application has been served.
2B Neither the tenant nor the landlord may make such an application if the landlord has made an application under section 29(2) of this Act and the application has been served.
2C The landlord may not withdraw an application under subsection (1) above unless the tenant consents to its withdrawal.”.
Amendments to section 25
4.—(1) Omit section 25(5) (requirement for tenant to notify landlord whether he is willing to give up possession).
(2) For section 25(6) substitute—
“6 A notice under this section shall not have effect unless it states whether the landlord is opposed to the grant of a new tenancy to the tenant.
7 A notice under this section which states that the landlord is opposed to the grant of a new tenancy to the tenant shall not have effect unless it also specifies one or more of the grounds specified in section 30(1) of this Act as the ground or grounds for his opposition.
8 A notice under this section which states that the landlord is not opposed to the grant of a new tenancy to the tenant shall not have effect unless it sets out the landlord’s proposals as to—
(a) the property to be comprised in the new tenancy (being either the whole or part of the property comprised in the current tenancy);
(b) the rent to be payable under the new tenancy; and
(c) the other terms of the new tenancy.”.
Landlord’s application to terminate tenancy
5. For section 29 (order by court for grant of a new tenancy) and the cross-heading immediately preceding it substitute—
“Applications to court(29) Order by court for grant of new tenancy or termination of current tenancy(1) Subject to the provisions of this Act, on an application under section 24(1) of this Act, the court shall make an order for the grant of a new tenancy and accordingly for the termination of the current tenancy immediately before the commencement of the new tenancy.(2) Subject to the following provisions of this Act, a landlord may apply to the court for an order for the termination of a tenancy to which this Part of this Act applies without the grant of a new tenancy—(a) if he has given notice under section 25 of this Act that he is opposed to the grant of a new tenancy to the tenant; or(b) if the tenant has made a request for a new tenancy in accordance with section 26 of this Act and the landlord has given notice under subsection (6) of that section.(3) The landlord may not make an application under subsection (2) above if either the tenant or the landlord has made an application under section 24(1) of this Act.(4) Subject to the provisions of this Act, where the landlord makes an application under subsection (2) above—(a) if he establishes, to the satisfaction of the court, any of the grounds on which he is entitled to make the application in accordance with section 30 of this Act, the court shall make an order for the termination of the current tenancy in accordance with section 64 of this Act without the grant of a new tenancy; and(b) if not, it shall make an order for the grant of a new tenancy and accordingly for the termination of the current tenancy immediately before the commencement of the new tenancy.(5) The court shall dismiss an application by the landlord under section 24(1) of this Act if the tenant informs the court that he does not want a new tenancy.(6) The landlord may not withdraw an application under subsection (2) above unless the tenant consents to its withdrawal.”.
Amendments to section 30
6.—(1) In section 30(1) (grounds of opposition by landlord to renewal of tenancy), for the words “subsection (1) of section twenty-four of this Act” substitute “section 24(1) of this Act, or make an application under section 29(2) of this Act,”.
(2) In section 30(2), after the words “oppose an application” insert “under section 24(1) of this Act, or make an application under section 29(2) of this Act,”.
Amendment to section 31
7. In section 31(2) (declaration and order of the court in certain cases where landlord opposes renewal) for the words from the beginning to “any of those grounds” substitute “Where the landlord opposes an application under section 24(1) of this Act, or makes an application under section 29(2) of this Act, on one or more of the grounds specified in section 30(1)(d) to (f) of this Act but establishes none of those grounds, and none of the other grounds specified in section 30(1) of this Act, to the satisfaction of the court, then if the court would have been satisfied on any of the grounds specified in section 30(1)(d) to (f) of this Act”.
Amendment to section 31A
8. In section 31A(1)5(grant of new tenancy in some cases where section 30(1)(f) applies), after the words “30(1) of this Act” insert “, or makes an application under section 29(2) of this Act on that ground,”.
Amendment to section 34
9. In section 34(2)(a) 6(rent under new tenancy), for the words “for the new tenancy” substitute the words “to the court”.
Time limits for applications to court
10. After section 29 insert the following sections—
“Time limits for applications to court
29A.—(1) Subject to section 29B of this Act, the court shall not entertain an application—
(a)
(a) by the tenant or the landlord under section 24(1) of this Act; or
(b)
(b) by the landlord under section 29(2) of this Act,
if it is made after the end of the statutory period.
(2) In this section and section 29B of this Act “the statutory period” means a period ending—
(a)
(a) where the landlord gave a notice under section 25 of this Act, on the date specified in his notice; and
(b)
(b) where the tenant made a request for a new tenancy under section 26 of...
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