(2)References in this Part of this Act to a notice to quit given by the landlord are references to a notice to quit given by the immediate landlord. (6)In this Part of this Act the expression “term date”, in relation to a tenancy granted for a term of years certain, means the date of expiry of the term. . Property Holdings Ltd[2] the House of Lords considered the situation of a lease of a market hall to a tenant who then let individual market stalls to market traders. . Any statutory instrument under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (1)Subject to the following provisions of this section, an order under section 29 of this Act for the grant of a new tenancy shall be an order for the grant of a new tenancy of the holding; and in the absence of agreement between the landlord and the tenant as to the property which constitutes the holding the court shall in the order designate that property by reference to the circumstances existing at the date of the order. [F80(1)Subject to the provisions of this Act, in a case specified in subsection (1A), (1B) or (1C) below (a “compensation case”) the tenant shall be entitled on quitting the holding to recover from the landlord by way of compensation an amount determined in accordance with this section. 2009/1307), Local Government, Planning and Land Act 1980 (c. 65), Agricultural Holdings Act 1986 (c. 5, SIF 2:3), The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. (2)The last foregoing subsection shall not prevent the coming to an end of a tenancy by notice to quit given by the tenant, by surrender or forfeiture, or by the forfeiture of a superior tenancy, unless—. . that it is either the fee simple or a tenancy which will not come to an end within fourteen months by effluxion of time and, if it is such a tenancy, that no notice has been given by virtue of which it will come to an end within fourteen months or any further time by which it may be continued under section 36(2) or section 64 of this Act. . certifies that it is necessary or expedient as aforesaid that the tenancy should be subject to a term, specified in the certificate, prohibiting or restricting the tenant from assigning the tenancy or subletting, charging or parting with possession of the premises or any part of the premises or changing the use of the premises or any part of the premises, the court shall determine that the terms of the tenancy shall include the terms specified in the certificate. (c)that at the termination of each of those tenancies the tenant did not quit. (4)In this Part of this Act the expression “long tenancy” means a tenancy granted for a term of years certain exceeding twenty-one years, whether or not subsequently extended by act of the parties or by any enactment. ], (3)The provisions of the Sixth Schedule to this Act shall have effect for the application of this Part of this Act to cases where the immediate landlord of the tenant is not the owner of the fee simple in respect of the holding. . . (a)shall be made, and be expressed to be made, on the assumption that the dwelling-house will be the premises specified in the landlord’s notice in accordance with subsection (3) of section four of this Act; (b)shall not be treated as failing to satisfy the requirements of the said subsection (3) by reason only of a difference between the premises to which the proposals relate and the premises subsequently agreed or determined to be the dwelling-house. 5, Sch. . . II (ss. 1991/724, art. . whether he is the owner of the fee simple in respect of the premises or any part of them or the mortgagee in possession of such an owner, if he is not, then (to the best of his knowledge and belief)—. . References in this Schedule to “other landlords” are references to persons who are either mesne landlords or superior landlords. The tenant may apply to the court for the variation, on the grounds and to the extent hereinafter specified, of any agreement or determination for the making of a payment for accrued tenant’s repairs. (8)In this and the next following section the expression “Government department” does not include [F143the Crown Estate Commissioners] and the expression “landlord” has the same meaning as in Part II of this Act; and in the last foregoing subsection the expression “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty. 1(3), Sch. ], (3)Where the rent is determined by the court the court may, if it thinks fit, further determine that the terms of the tenancy shall include such provision for varying the rent as may be specified in the determination. Any record required to be made under the last foregoing paragraph shall be made by a person appointed, in default of agreement between the landlord and the tenant, by the President of the Royal Institution of Chartered Surveyors. ” means an interest which belongs to Her Majesty in right of the Crown and is not under the management of the Crown Estate Commissioners or an interest belonging to a government department or held on behalf of Her Majesty for the purposes of a government department. 1 para. In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say:—. . 5 para. 2003/3096) , arts. Where a tenant under a tenancy which was current at the commencement of this Act would but for this sub-paragraph be entitled both to—, compensation under section thirty-seven or section fifty-nine of this Act; and. . para. 5E+WWhere the tenancy is not terminated under the provisions of Part I of this Act at the term date thereof, then, whether or not it would have continued after that date apart from this Act, it shall be treated for the purposes of this Act as being continued by virtue of subsection (1) of section three thereof. 1 page) Ask a question Section 32, Landlord and Tenant Act 1954 Toggle Table of Contents Table of Contents. what premises are to constitute the dwelling-house; whether any, and if so what, initial repairs (as defined in the next following section) are to be carried out on the dwelling-house; whether initial repairs to be so carried out are to be carried out by the landlord or by the tenant, or which of them are to be carried out by the landlord and which by the tenant; and. (3)A notice under subsection (1) of this section shall not have effect unless it specifies the premises which the landlord believes to be, or to be likely to be, the premises qualifying for protection and either—, (a)it contains proposals for a statutory tenancy, as defined by subsection (3) of section seven of this Act, or. 15 (continued by Rent Act 1977 (c. 42), Sch. The provisions of this Part of this Act shall have effect notwithstanding any agreement to the contrary: Provided that nothing in this Part of this Act shall be construed as preventing the surrender of a tenancy. 44(1A) inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 12(2), Sch. the immediate landlord has brought proceedings to enforce a right of re-entry or forfeiture or a right to damages in respect of a failure to comply with any terms of the tenancy, the tenant has made application in the proceedings for relief under this section, and. 2003/3096), arts. . If the tenant, within fourteen days after the making of an order under this Part of this Act for the grant of a new tenancy, applies to the court for the revocation of the order the court shall revoke the order; and where the order is so revoked, then, if it is so agreed between the landlord and the tenant or determined by the court, the current tenancy shall continue, beyond the date at which it would have come to an end apart from this subsection, for such period as may be so agreed or determined to be necessary to afford to the landlord a reasonable opportunity for reletting or otherwise disposing of the premises which would have been comprised in the new tenancy; and while the current tenancy continues by virtue of this subsection it shall not be a tenancy to which this Part of this Act applies. ], F198Para. (2)The landlord and tenant may from time to time by agreement further extend the period for making such an application, but any such agreement must be made before the end of the period specified in the current agreement. 2(2), 4(1)(d), Where a landlord, having power to serve a notice to quit, on an application to the county court satisfies the court—. . . (b)if the main purpose of the letting is not as mentioned in paragraph (a), the tenancy is to be treated as not being one under which a dwelling-house is let as a separate dwelling. (2)In so far as any cost reasonably incurred by the competent landlord in carrying out repairs specified in accordance with the last foregoing sub-paragraph is not recovered by way of payment for accrued tenant’s repairs and is not recoverable (apart from this sub-paragraph) otherwise than by way of such payment, it shall be recoverable by the competent landlord from the person whose consent was or is deemed to have been given subject to the condition or (if he is dead) from his personal representatives as a debt due from him at the time of his death. . 3(1)(a), F15Ss. . . The text of ss. . . if the agreement or determination was for the making of the payment otherwise than by instalments, and the payment has not been fully made, by substituting therefor a determination that the payment or balance of the payment should be made by instalments; if the agreement or determination was for the making of a payment by instalments, by substituting for the instalments agreed or determined instalments of such smaller amounts, payable at such times, as may be determined by the court. [F63(1A)Where the landlord has a controlling interest in a company, the reference in subsection (1)(g) above to the landlord shall be construed as a reference to the landlord or that company. (6)Where in any such proceedings an assessor is summoned by a judge under the said subsection (1),—. (a)the court shall not determine the application for the grant of a new tenancy until the Minister or Board has determined whether to give a certificate. 7 Pt. . 1995/401, art. Where the property comprised in a tenancy consists of premises of which, the English Industrial Estates Corporation, is the landlord, being premises situated in a locality which is either—, certifies that it is necessary or expedient for achieving, the purpose mentioned in section 2(1) of the said Act of 1972, Where the court makes an order under Part II of this Act for the grant of a new tenancy of. (1)Where the property comprised in a long tenancy [F30at a low rent] is or includes residential premises, then at any time during the last two years of the term of the tenancy, or (if the tenancy is being continued after the term date by subsection (1) of section three of this Act) at any time while the tenancy is being so continued, the immediate landlord or any superior landlord may give to the tenant or any sub-tenant of premises comprised in the long tenancy a notice in the prescribed form requiring him to notify the landlord or superior landlord, as the case may be,—. . Jurisdiction of county court where lessor refuses licence or consent. 8, 9, C25Pt. (a)the date by reference to which such a determination is to be made is the date on which the landlord’s notice under section 25 or, as the case may be, subsection (6) of section 26 of this Act is given; (b)any dispute arising, whether in proceedings before the court or otherwise, as to such a determination shall be referred to the Commissioners of Inland Revenue for decision by a valuation officer; (c)an appeal shall lie to the [F90Upper Tribunal]from such a decision but, subject to that, such a decision shall be final. (b)conditions have been imposed on the giving of the consent which are in the opinion of the court unreasonable in all the circumstances. F146Words in s. 59(1) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 5E+WAny amount paid by a mortgagee in respect of expenses incurred in carrying out initial repairs in accordance with an agreement or determination under Part I of this Act, or in respect of any payment made in pursuance of a liability imposed by paragraph 12 of the First Schedule to this Act, shall be treated as if it were secured by the mortgage, with the like priority and with interest at the same rate as the mortgage money, so however that (without prejudice to the recovery of interest) any such amount shall not be recoverable from the mortgagor personally. (a)the immediate landlord has brought proceedings to enforce a right of re-entry or forfeiture or a right to damages in respect of a failure to comply with any terms of the tenancy, (b)the tenant has made application in the proceedings for relief under this section, and. (3)Where a tenancy is held by or on behalf of a Government department and the property comprised therein is or includes premises occupied for any purposes of a Government department, the tenancy shall be one to which Part II of this Act applies; and for the purposes of any provision of the said Part II or the Ninth Schedule to this Act which is applicable only if either or both of the following conditions are satisfied, that is to say—. where the tenant is a company, a person with a controlling interest in the company. Words in s. 34(2)(a) substituted (1.6.2004) by, The terms of a tenancy granted by order of the court under this Part of this Act (other than terms as to the duration thereof and as to the rent payable thereunder). . 1(3), 20. XI. 1(3), 4(2), C33 S. 25 restricted by Leasehold Reform Act 1967 (c. 88) , s. 35(2) ; excluded by Leasehold Reform Act 1967 (c. 88) , ss. 43A amended by S.I. (3)Where an agreement is made under this section, the court may entertain an application such as is mentioned in section 29A(1) of this Act if it is made before the end of the period specified in the agreement. 5 para. ], F112Words added retrospectively by Agriculture Act 1958 (c. 71), Sch. . (3)In the case of a tenancy which apart from this Act could have been brought to an end by notice to quit given by the landlord—, (a)the date of termination specified in a notice under this section shall not be earlier than the earliest date on which apart from this Part of this Act the tenancy could have been brought to an end by notice to quit given by the landlord on the date of the giving of the notice under this section; and. 24(2)(b) and preceding word repealed (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. if the landlord’s interest in the property comprised in the tenancy belongs to or is held for the purposes of a Government department, the court shall on the application of the landlord determine as a term of the new tenancy that such an agreement as is mentioned in subsection (2) of this section and specifying such length of notice as is mentioned in the certificate shall be embodied in the new tenancy; if the landlord’s interest in that property is held by statutory undertakers, the court shall on the application of the landlord determine as a term of the new tenancy that such an agreement as is mentioned in subsection (3) of this section and specifying such length of notice as is mentioned in the certificate shall be embodied in the new tenancy. compensation payable, under the provisions creating the tenancy, on the termination of the tenancy. F176Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. Both parties can agree not to be covered. The grounds on which a landlord may oppose an application under. . Where the landlord’s interest in the property comprised in any tenancy belongs to or is held for the purposes of a Government department, and the Minister or Board in charge of any Government department certifies that for reasons of national security it is necessary that the use or occupation of the property should be discontinued or changed, then—. 2(2), (5)(2)(f), C10Pt. (iv)the father, or mother, of his spouse or civil partner. (4)The foregoing provisions of this section shall not have effect in relation to a failure to comply with—, (a)any term of a tenancy as to payment of rent or rates or as to insuring or keeping insured any premises, or. . Subsection (3) of section two of this Act shall not have effect in relation to this section. Provisions as to liabilities under tenant’s covenants in former lease. 5, Sch. 2 para. 5; (3.11.1994) by 1994 c. 33, s. 7(3)(a); (3.11.1994) by 1991 c. 53, s. 84 (as substituted (3.11.1994) by 1994 c. 33, s. 96); (1.10.1996) by 1996 c. 46, s. 30(7)(11) and S.I. 8E+WWhere the landlord gives such a notice which does not contain such a requirement, then if the tenant elects to retain possession his notification in that behalf may include a requirement that a record shall be made of the state of repair of the dwelling-house. F1Words substituted by Rent Act 1968 (c. 23), Sch. . If before the expiration of the said period the landlord has made an application under the last foregoing section, but the result of the application, at the time when it is finally disposed of, is that no order is made, the landlord’s notice shall cease to have effect; but if within one month after the application to the court is finally disposed of the landlord gives a landlord’s notice proposing a statutory tenancy, the earliest date which may be specified therein as the date of termination shall, notwithstanding anything in subsection (2) of section four of this Act, be the expiration of three months from the giving of the subsequent notice. (a)if the term date of the relevant tenancy has not passed, the superior tenancy shall be so treated unless it is due to expire at a time earlier than five years after the term date or can be brought to an end at such a time by notice to quit given by the landlord; (b)if the term date of the relevant tenancy has passed, the superior tenancy shall be so treated unless it is due to expire within five years or can be brought to an end within five years by notice to quit given by the landlord. 47(5), 51(2), 63(10) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. (a)if the landlord gives a notice under subsection (1) of section twenty-five of this Act containing a copy of the certificate, [F144subsection] (6) of that section shall not apply to the notice and no application for a new tenancy shall be made by the tenant under [F145subsection (1) of] section twenty-four of this Act; (b)if (whether before or after the giving of the certificate) the tenant makes a request for a new tenancy under section twenty-six of this Act, and within two months after the making of the request the landlord gives notice to the tenant that the certificate has been given and the notice contains a copy of the certificate,—, (i)the tenant shall not make an application under section twenty-four of this Act for the grant of a new tenancy, and. Words in s. 64(1)(b) substituted (1.6.2004) by, S. 64 excluded by 1967 c. 88, Sch. 23–46) restricted by City of London (Spitalfields Market) Act 1990 (c. ix), s. 5(4), C29Pt. 60(3) substituted by Industrial Development Act 1982 (c. 52, SIF 64), s. 19, Sch. 30), F5S. 1(1) (with art. . An order under this paragraph may include a provision that the reduction of rent shall take effect from a specified date before the making of the order, being such date as the court thinks just having regard to the landlord’s delay in carrying out the initial repairs; and where an order contains such a provision then, in addition to the reduction ordered by virtue of sub-paragraph (1) of this paragraph, such number of payments of rent next falling due after the date of the order shall be reduced by such amount as may be specified in the order for the purpose of giving effect to the said provision. he shall be entitled, at his option, to the one or the other, but not to both. ], F109S. (3)If before the expiration of the said period the landlord has made an application under the last foregoing section, but the result of the application, at the time when it is finally disposed of, is that no order is made, the landlord’s notice shall cease to have effect; but if within one month after the application to the court is finally disposed of the landlord gives a landlord’s notice proposing a statutory tenancy, the earliest date which may be specified therein as the date of termination shall, notwithstanding anything in subsection (2) of section four of this Act, be the expiration of three months from the giving of the subsequent notice. (ii)in the case of regulations made by the Welsh Ministers, a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the National Assembly for Wales. . . The extent to which an agreement or determination may be so varied on an application under paragraph 13 of this Schedule is the following:—. 2003/3096), arts. . 30), F192Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. (b)it is made to appear to the court that he did so by reason of misrepresentation or the concealment of material facts, the court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by the tenant as the result of quitting the holding. ], F59S. F173Words in s. 64(1)(b) substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 43A inserted by Law of Property Act 1969 (c. 59), s. 13, C44S. 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