The Landlord and Tenant Act 1954 meaning

To bring a business tenancy to an end on the contractual expiry date or at any point thereafter, a tenant may rely on a notice given under section 27 of the Landlord and Tenant Act 1954 (LTA 1954). This Checklist sets out the circumstances and procedure for serving such a notice. For wider guidance on ending LTA 1954 tenancies, refer to Practice Note: LTA 1954 business lease renewal—termination. It outlines timing and the method of service in clear terms. Is the tenancy for a fixed term? A section 27 notice is available only where the tenancy is for a fixed term. It is not available for periodic tenancies. Nevertheless, a tenant may end a periodic tenancy by giving a common law notice to quit (see Practice Note: LTA 1954 business lease renewal—termination under the heading Termination of LTA 1954 tenancies). Have any other notices been served? Once a tenant has served a section 26 request, they cannot then serve a section 27 notice...

This Checklist highlights the matters a tenant should consider before issuing a section 26 request under the Landlord and Tenant Act 1954 (LTA 1954) to seek a new tenancy, whether during the fixed term or while the statutory continuation tenancy subsists. It addresses the tenant’s proposals, the intended start date of the new tenancy, and the identification of the competent landlord. For further guidance, see Practice Note: LTA 1954 business lease renewal—termination. What is the nature of the tenancy? A section 26 request is only valid in relation to the following: a tenancy for a term of years certain exceeding one year, whether or not carried on under LTA 1954, s 24; or a tenancy granted for a term of years certain, and then continuing from year to year Therefore, a section 26 request cannot be served if either of the following apply: the tenancy is a periodic tenancy, other than a yearly periodic tenancy that follows a...

This is a checklist for service of a section 25 notice by a landlord under the Landlord and Tenant Act 1954 (LTA 1954) terminating a tenancy. Check that the proper form has been used, and that it contains the necessary warning notices addressed to tenants. Distinct versions of the section 25 notice are required depending on the landlord’s position: landlords who are not opposing renewal landlords who intend to resist the grant of a new lease Whether the notice is opposed or unopposed, it must follow the prescribed form or be ‘substantially to the like effect’...

Under the Landlord and Tenant Act 1954 (LTA 1954), a business lease carries on automatically after the end of the contractual term if the tenant remains in occupation for business purposes. Either party can bring those statutory rights to an end by serving one of the prescribed termination notices. This flowchart explains the steps for an unopposed business lease renewal under the LTA 1954. For the procedure where renewal is opposed, see: LTA 1954 opposed lease renewal procedure—flowchart. For further detail on LTA 1954 security of tenure and the court process, consult Practice Notes: LTA 1954 business lease renewal—proceedings and LTA 1954 business lease renewal—termination. Note 1 Diarise a date at least 12–18 months before the contractual expiry of the existing lease. See Practice Note: LTA 1954 business lease renewal—termination. Note 2 Information must be supplied within one month of service of the notice. A party is obliged to correct any information provided for six months after receiving the notice. This applies to both parties equally...

Opposed business lease renewal—flowchart This flowchart outlines the process for an opposed renewal of a business lease under the Landlord and Tenant Act 1954 (LTA 1954). It covers timing for service of an opposed section 25 notice, or a section 26 request counter-notice identifying the ground(s) of opposition under LTA 1954, s 30(1), the commencement of opposed proceedings, filing statements of case, and the court’s ultimate order—termination or grant of a new lease, or discontinuance or dismissal of the claim If the tenant remains in occupation for business purposes after the contractual term ends, the lease continues automatically, provided the conditions in LTA 1954, s 23 are met Either party may end the statutory protection under the existing lease by serving a termination notice: landlord’s section 25 notice; tenant’s section 26 request; section 27 notice. This flowchart addresses opposed renewals only. For the unopposed renewal route, see: Unopposed lease renewal procedure—flowchart. Note 1: Diarise a date at least 12–18...

In this issue: Business tenancies Disputes and remedies Property Disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Latest Q&A Business tenancies Competing approaches to a tenant’s ‘holding’ in claims for renewal of business tenancies (Sainsbury’s Supermarkets Ltd v Medley Assets Ltd) In Sainsbury’s Supermarkets Ltd v Medley Assets Ltd [2024] Lexis Citation 358, a contested application to renew a business tenancy under the Landlord and Tenant Act 1954 (LTA 1954) was examined. The landlord relied on ground (f), asserting a reasonable need to recover possession to undertake substantial works. A key ancillary question concerned the scope of the tenant’s ‘holding’, hinging on how that term is construed in LTA 1954, s 30, and whether it aligns with or differs from ‘holding’ in LTA 1954, s 32 (the property to be included in any new tenancy)....

MVL Properties (2017) Ltd v The Leadmill Ltd [2025] EWHC 349 (Ch) What are the practical implications of this case? Hugely significant consequences flow from this decision. The tenant accepted that, at the end of the current tenancy, the landlord could operate the same kind of business as the tenant; nevertheless it said the landlord was unlawfully depriving it of possession, contrary to Article 1 of Protocol 1 to the ECHR (A1P1), on the basis that the landlord was obtaining the tenant’s goodwill without adequate compensation. Had the High Court found a breach of A1P1 arising from the operation of ground (g) of the Landlord and Tenant Act 1954 in this claim, the court would then have been required to consider whether ground (g) itself could be read compatibly (in a new way) via section 3 of the Human Rights Act 1998 (HRA 1998) in this claim and, if that were not possible, whether to make a declaration of incompatibility under HRA 1998, s 4...

The question Take, for instance, an impugned decision made on 1 January. If you file on 1 April 2022, are you in time, or do you need to file by 31 March? The short answer It is very likely that the ‘corresponding date rule’ applies, so a JR of a decision taken on 1 January must be lodged on or before 1 April. The long answer What is the ‘corresponding date rule’? Put briefly, the rule treats “three months after” 1 January as 1 April. Lord Diplock explained this in Dodds v Walker [1981] 1 WLR 1027, [1981] 2 All ER 609. The case concerned the time limit in section 29(3) of the Landlord and Tenant Act 1954 (LTA 1954), which required an application to be made “not less than two nor more than four months after the giving of the landlord’s notice”. The landlord’s notice was given on 30 September of the relevant year, and the application was made on 31 January the...

What is a CVA? A company voluntary arrangement (CVA) is a form of insolvency that permits a company to enter a binding agreement with its creditors to compromise unsecured debts or otherwise agree how its affairs are handled. The directors continue to run the business, under the oversight of an insolvency practitioner. Retailers, particularly those with extensive property portfolios, frequently adopt so‑called ‘landlord CVAs’ to reset rental commitments and shut loss‑making stores. This note outlines how property law and landlord and tenant considerations may emerge under such a CVA. It highlights provisions commonly included in CVAs and explains how they tend to work in practice. Nevertheless, each CVA will vary according to the precise terms proposed. It is therefore vital to examine the CVA proposal carefully to assess its effect on creditors. This note does not provide detailed guidance on the mechanics of approving and implementing a CVA. For Practice Notes addressing the CVA procedure, see: Company voluntary arrangements—an introductory guide The CVA proposal and...

This Practice Note sets out the practical measures a tenant should take to renew its business tenancy under the Landlord and Tenant Act 1954 (LTA 1954) where the landlord does not object. It outlines how to serve a section 26 request for a new lease or respond to a landlord’s section 25 notice, the time limit for starting proceedings, agreeing extensions to that statutory limit, the required form and content of the claim, the correct court for issue, how to answer the claim, and the subsequent stages of the lease renewal process. Check LTA 1954 applies Before acting, confirm that LTA 1954 applies per s 23, namely: there is a periodic or fixed-term tenancy; the LTA 1954 does not cover, for example, a licence or a tenancy at will the tenant occupies at least part of the premises that occupation is wholly or partly for business purposes and the letting is not within a class excluded from LTA 1954 protection ...

Property Disputes (PD) This beginner’s guide sets out a primer on Property Disputes (PD). It is designed for trainee solicitors and practitioners encountering PD for the first time. The guide highlights the principal issues that commonly arise in PD and signposts other Lexis+® UK sources and materials offering fuller detail on the subjects covered. Newcomers to PD will also benefit from the Overviews within each PD subtopic. These provide a summary of every subtopic, with links to pertinent content inside that subtopic to aid navigation. For instance, see: Property insolvency—overview. The PD module further includes a Property Disputes introductory materials topic, containing links to training materials and “How to guides”, “Quick guides”, plus checklists and flowcharts. The PD module centres on property disputes in England and Wales, while a distinct subtopic focusses on Scottish property disputes (see: Property disputes in Scotland—overview). If a point is not addressed in this guide, use the PD practice area Topics tab or the Topics dropdown menu to explore additional content. This guide also...

Your Ref: Our Ref: Date: From: [ insert name of landlord’s solicitor ] at [ insert address ] To: [ insert name of tenant or tenant’s solicitor ] at [ insert address ] Dear [ insert organisation name ] [ insert particulars of the lease ] (the ‘Lease’) relating to [ insert name of property ] (the ‘Property’) We act on behalf of [ insert name of client ], being [ your landlord OR your client’s landlord ] under the Lease. Please note that [ your OR your client’s ] Lease of the Property is scheduled to end on [ insert date of determination of the contractual term of the lease ]. Kindly arrange for [ you OR your client ] to yield up possession of the Property upon the Lease’s expiry. For the return of the keys, [ Our client’s OR Our client’s agent’s ] contact particulars are [ insert landlord or agent’s contact details ]. If you...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 was granted Royal Assent on 27 October 2025. For advice on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. Use this schedule to gather information on occupiers, occupation status, critical dates, notices to be issued, and principal points when planning a vacant possession strategy for a redevelopment. This Precedent is supplied in Excel format and can also be accessed via the link on this page. Note that the schedule has been created in Excel and therefore it cannot be downloaded into Word. Vacant Possession strategy—drafting notes If the development contains more than one freehold or superior leasehold interest, you may insert extra headings to divide the schedule into further sections where appropriate. Colour code: Sample colour coding has been applied to the first few rows as an example. Landlord: The named landlord should cover both: the direct landlord the...

Your Ref: Our Ref: Date: From: [ insert name of landlord’s/tenant’s solicitor ] of [ insert address ] To: [ insert name of landlord’s/tenant’s solicitor ] of [ insert address ] Dear [ insert organisation name ] [ Insert premises description ] (the Premises) We refer to the arrangement [ insert details of previous agreement, eg by way of letter dated, etc ] which extended the period for bringing a court application regarding the Premises under section 24(1) or section 29(2) of the Landlord and Tenant Act 1954 (LTA 1954). That extension will end on [ insert date ]. Our client asks that this time limit be prolonged further under LTA 1954, s 29B(2), to expire on [ insert date ]. [ The reason for seeking this further extension is ] [ insert reasons ]. Please sign and return the enclosed counterpart of this letter to confirm your client’s agreement to the additional extension. Yours faithfully [ Insert name of...

Section 1(1)(a) of the Housing Act 1988 (HA 1988) Under this provision in the Act, only an individual can be the tenant of an assured tenancy. Consequently, a company letting cannot qualify as an assured shorthold tenancy (AST). The HA 1988 also specifies categories of tenancy that are excluded from being ASTs, including business tenancies under the Act. As a result, the arrangement will then fall either as a common law tenancy—outside the HA 1988 and subject to ordinary contractual principles—or, where the relevant requirements are satisfied, as a business tenancy...

The Electronic Communications Code (the Code) The Electronic Communications Code (the Code) appears in Schedule 3A, Part 1 to the Communications Act 2003 (CA 2003) and has applied in present incarnation since December 2017. Where a prior agreement has lapsed after 28 December 2017 and lacks protection under Part II of the Landlord and Tenant Act 1954 (LTA 1954, ss 23–46) — in which event the LTA 1954 process must be used instead of the CA 2003, Sch 3A, Pt 5, para 33 route (see Vodafone v Hanover Capital) — either party is entitled to ask the tribunal to vary or replace the agreement by making an application seeking modification or replacement of the agreement...

Form LTBT1 Form LTBT1 is prescribed by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, SI 2003/3096 (the Order). Where the parties intend to contract out of, or exclude, sections 24–28 of the Landlord and Tenant Act 1954 (LTA 1954), the Order stipulates that particular steps must be completed before any such agreement is concluded. Landlords frequently seek the flexibility of a contracted‑out lease, as it allows the tenancy to end on expiry of the term without the tenant acquiring a right to a new lease. Under the LTA 1954, the former position required court approval for a contracted‑out arrangement (the Pre‑2004 Procedure). The Order replaced that regime with a new process that obliges the landlord to serve a warning notice in, or in a form substantially similar to, that set out in SI 2003/3096. This notice must be given before the lease is granted or, if the parties propose to enter into an agreement for lease, before that agreement is made, because the tenant must receive...