The Statutory Regulation of Business Tenancies

This book provides a uniquely detailed examination of the statutory regime for the regulation of business tenancies. Part II of the Landlord and Tenant Act 1954 is of central importance. The Act gives business tenants the general rights to remain in occupation, following up from the original lease, and to obtain a new lease. Meanwhile the landlord is entitled to a market rental income and, in certain prescribed circumstances, can override the tenant's claim for possession. The tenant who fails to obtain a new tenancy may be able to claim compensation for disturbance. Compensation for improvements, on quitting the premises, is available under Part I of the Landlord and Tenant Act 1927. The book aims to provide a clear and in-depth analysis of the complex and technical workings of the 1927 and 1954 acts. It also offers a detailed and up-to-date consideration of case law, both reported and unreported. The policy factors which initially brought about the legislative controls, and continued to shape its development, are identified and prospective reforms discussed. The new Civil Procedure Rules are incorporated into the text. A comparison is drawn with the legislative code contained in the Northern Ireland (Business Tenancies) Order 1996.

The Development of Legislative Controls ; The Statutory Scheme ; Scope of the Act ; The Landlord's Section 25 Notice ; Tenant's Rights ; The Interim Rent ; Defeating the Tenant's Claim: Illegality and the Discretionary Grounds ; Defeating the Tenant's Claim: The Mandatory Grounds ; The New Lease ; Tenant's Improvements: Authorisation and Compensation ; Appendix A Landlord and Tenant Act 1927 ; Appendix B Landlord and Tenant Act 1954 ; Appendix C Forms