What does Grounds of opposition mean? In commercial property practice, grounds of opposition are the legally recognised reasons a landlord may rely on to refuse a tenant a new business tenancy at lease expiry where security of tenure applies. In England and Wales the term is defined in the Landlord and Tenant Act 1954, section 30(1). Typical grounds include tenant default (eg disrepair or persistent delay in paying rent), availability of suitable alternative accommodation, and the landlord’s intention to redevelop the premises or occupy them for its own business. A landlord must specify the relied-on grounds in a section 25 notice or in a...
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This Practice Note summarises the bases on which a landlord may resist the grant of a renewed business tenancy under section 30(1) of the Landlord and Tenant Act 1954 (LTA 1954). Section 30(1) sets out several grounds for opposing renewal. Unless the landlord proves one or more of these grounds, the tenant will be entitled to a further tenancy, provided the current tenancy satisfies LTA 1954, section 23. For additional guidance on section 23 see Practice Note: LTA 1954 business lease renewal—termination — Does LTA 1954 apply?
A landlord may rely on ground (a) to resist the grant of a new lease. Where the existing tenancy places obligations on the tenant regarding repair and maintenance of the holding, the landlord may argue that a new tenancy should be refused in light of the holding’s condition, where that condition stems from the tenant’s failure to perform those obligations.
The state of repair must be...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...