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Five things you never know about the '54 Act?

  • United Kingdom
  • Corporate Real estate
  • Real estate sector

08-06-2016

The Landlord and Tenant Act 1954 governs the rights and obligations of landlords and tenants of premises which are occupied for business purposes. Here we briefly go through five common but lesser known points.

1. Notice - A LTA 1954 notice cannot be served relating to only part of the premises; the notice terminates the contractual term of the Lease and must relate to the whole.

2. Apportionment – it is generally accepted that the tenant is only liable for rent up to the termination date (rather than being liable for a full rental quarter) but there is no decided case law on this.

3. Agreeing Terms – the Court only has the power to determine lease renewal terms if the parties have not “agreed the terms in writing”.

4. Agreement for Lease – LTA 1954 protection may be lost if you enter into an Agreement for Lease.

5. New Lease - A tenant always has the ability not to take the new lease even if the Court has determined the new lease terms.

Dawn Hilton, Partner
Jennifer Morris, Principal Associate

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