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Landlord and Tenant Act 1954

Current as of 176 provisions

Provisions

176 in the library

Part I – Security of Tenure for Residential Tenants21
  1. Security of tenure for tenants under ground leases, etc.

    s. 1

    Protection of residential tenants on termination of long tenancies at low rents

    On the termination in accordance with the provisions of this Part of this Act of a tenancy to which this section applies the tenant shall be entitled to the…

  2. s. 2

    Tenancies to which s. 1 applies

    (1) The foregoing section applies to any long tenancy at a low rent, being a tenancy as respects which for the time being the following condition (hereinafter…

  3. Continuation and termination of tenancies to which s. 1 applies

    s. 3

    Continuation of tenancies to which s. 1 applies

    (1) A tenancy which is current immediately before the term date and is then a tenancy to which section one of this Act applies shall not come to an end on that…

  4. s. 4

    Termination of tenancy by the landlord

    (1) The landlord may terminate a tenancy to which section one of this Act applies by notice given to the tenant in the prescribed form specifying the date at…

  5. s. 5

    Termination of tenancy by the tenant

    (1) A tenancy to which section one of this Act applies may be brought to an end at the term date thereof by not less than one month’s notice in writing given…

  6. Statutory tenancies arising under Part I

    s. 6

    Application of Rent Acts where tenant retains possession

    (1) Where a tenancy is terminated by a landlord’s notice proposing a statutory tenancy the Rent Act shall apply, subject as hereinafter provided, as if the…

  7. s. 7

    Settlement of terms of statutory tenancy

    (1) The … terms on which the tenant and any successor to his statutory tenancy may retain possession of the dwelling-house during that period, other than the…

  8. s. 8

    Provisions as to repairs during period of statutory tenancy

    (1) Where it is agreed between the landlord and the tenant, or determined by the court, that the terms mentioned in subsection (1) of the last foregoing…

  9. s. 9

    Principles to be observed in determining terms of statutory tenancy as to repairs and rent

    (1) Where it falls to the court to determine what initial repairs (if any) should be carried out by the landlord, the court shall not, except with the consent…

  10. s. 10

    Provisions as to liabilities under tenant’s covenants in former lease

    (1) If on the termination of the former tenancy the tenant retains possession of the dwelling-house by virtue of section six of this Act, any liability…

  11. Provisions as to possession on termination of long tenancy

    s. 12

    Grounds for resumption of possession by landlord

    (1) The grounds on which a landlord may apply to the court for possession of the property comprised in a tenancy to which section one of this Act applies are…

  12. s. 13

    Landlord’s application for possession

    (1) Where a landlord’s notice to resume possession has been served and either— (a) the tenant elects to retain possession, or (b) at the end of the period of…

  13. s. 14

    Provisions where tenant not ordered to give up possession

    (1) The provisions of this section shall have effect where in a case falling within paragraph (a) or (b) of subsection (1) of the last foregoing section the…

  14. s. 14A

    Compensation for possession obtained by misrepresentation

    Where an order is made for possession of the property comprised in a tenancy to which section 1 of this Act applies and it is subsequently made to appear to…

  15. General and supplementary provisions

    s. 16

    Relief for tenant where landlord proceeding to enforce covenants

    (1) The provisions of the next following subsection shall have effect where, in the case of a tenancy to which section one of this Act applies,— (a) the…

  16. s. 17

    Prohibition of agreements excluding Part I

    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…

  17. s. 18

    Duty of tenants of residential property to give information to landlords or superior landlords

    (1) Where the property comprised in a long tenancy at a low rent is or includes residential premises, then at any time during the last two years of the term of…

  18. s. 19

    Application of Part I to tenancies granted in continuation of long tenancies

    (1) Where on the coming to an end of a tenancy at a low rent the person who was tenant thereunder immediately before the coming to an end thereof becomes…

  19. s. 20

    Assumptions on which court to determine future questions

    Where under this Part of this Act any question falls to be determined by the court by reference to the circumstances at a future date, the court shall have…

  20. s. 21

    Meaning of “the landlord” in Part I and provisions as to mesne landlords, etc

    (1) Subject to the provisions of this section, in this Part of this Act the expression “the landlord”, in relation to a tenancy (in this section referred to as…

  21. s. 22

    Interpretation of Part I

    (1) In this Part of this Act:— … “date of termination” has the meaning assigned to it by subsection (1) of section four of this Act; “the dwelling-house” has…

Part II – Security of Tenure for Business, Professional and other Tenants40
  1. Tenancies to which Part II applies

    s. 23

    Tenancies to which Part II applies

    — s. 23 — Tenancies to which Part II applies (1) Subject to the provisions of this Act, this Part of this Act applies to any tenancy where the property…

  2. Continuation and renewal of tenancies

    s. 24

    Continuation of tenancies to which Part II applies and grant of new tenancies

    (1) A tenancy to which this Part of this Act applies shall not come to an end unless terminated in accordance with the provisions of this Part of this Act…

  3. s. 24A

    Applications for determination of interim rent while tenancy continues

    (1) Subject to subsection (2) below, if— (a) the landlord of a tenancy to which this Part of this Act applies has given notice under section 25 of this Act to…

  4. s. 24B

    Date from which interim rent is payable

    (1) The interim rent determined on an application under section 24A(1) of this Act shall be payable from the appropriate date. (2) If an application under…

  5. s. 24C

    Amount of interim rent where new tenancy of whole premises granted and landlord not opposed

    (1) This section applies where— (a) the landlord gave a notice under section 25 of this Act at a time when the tenant was in occupation of the whole of the…

  6. s. 24D

    Amount of interim rent in any other case

    (1) The interim rent in a case where section 24C of this Act does not apply is the rent which it is reasonable for the tenant to pay while the relevant tenancy…

  7. s. 25

    Termination of tenancy by the landlord

    (1) The landlord may terminate a tenancy to which this Part of this Act applies by a notice given to the tenant in the prescribed form specifying the date at…

  8. s. 26

    Tenant’s request for a new tenancy

    (1) A tenant’s request for a new tenancy may be made where the current tenancy is a tenancy granted for a term of years certain exceeding one year, whether or…

  9. s. 27

    Termination by tenant of tenancy for fixed term

    (1) Where the tenant under a tenancy to which this Part of this Act applies, being a tenancy granted for a term of years certain, gives to the immediate…

  10. s. 28

    Renewal of tenancies by agreement

    Where the landlord and tenant agree for the grant to the tenant of a future tenancy of the holding, or of the holding with other land, on terms and from a date…

  11. Application to court for new tenancies

    s. 29

    Order by court for grant of new tenancy or termination of current tenancy

    (1) Subject to the provisions of this Act, on an application under section 24(1) of this Act, the court shall make an order for the grant of a new tenancy and…

  12. s. 29A

    Time limits for applications to court

    (1) Subject to section 29B of this Act, the court shall not entertain an application— (a) by the tenant or the landlord under section 24(1) of this Act; or (b)…

  13. s. 29B

    Agreements extending time limits

    (1) After the landlord has given a notice under section 25 of this Act, or the tenant has made a request under section 26 of this Act, but before the end of…

  14. s. 30

    Opposition by landlord to application for new tenancy

    (1) The grounds on which a landlord may oppose an application under section 24(1) of this Act, or make an application under section 29(2) of this Act, are such…

  15. s. 31

    Dismissal of application for new tenancy where landlord successfully opposes

    (1) If the landlord opposes an application under subsection (1) of section twenty-four of this Act on grounds on which he is entitled to oppose it in…

  16. s. 31A

    Grant of new tenancy in some cases where s. 30(1)(f) applies

    (1) Where the landlord opposes an application under section 24(1) of this Act on the ground specified in paragraph (f) of section 30(1) of this Act, or makes…

  17. s. 32

    Property to be comprised in new tenancy

    (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…

  18. s. 33

    Duration of new tenancy

    Where on an application under this Part of this Act the court makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be…

  19. s. 34

    Rent under new tenancy

    (1) The rent payable under a tenancy granted by order of the court under this Part of this Act shall be such as may be agreed between the landlord and the…

  20. s. 34A

    Rent under new tenancy conferring code rights

    (1) This section applies where— (a) the current tenancy is a subsisting agreement within the meaning of Schedule 2 to the Digital Economy Act 2017, and (b) the…

  21. s. 34B

    Compensation for exercise of code rights

    (1) This section applies where— (a) the court grants a new tenancy by an order under this Part of this Act, (b) the primary purpose of the new tenancy is to…

  22. s. 34C

    Further provision about compensation under section 34B

    (1) This section applies to the court’s power to order a tenant to pay compensation to a landlord under section 34B (compensation for exercise of code rights)…

  23. s. 35

    Other terms of new tenancy

    (1) 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…

  24. s. 36

    Carrying out of order for new tenancy

    (1) Where under this Part of this Act the court makes an order for the grant of a new tenancy, then, unless the order is revoked under the next following…

  25. s. 37

    Compensation where order for new tenancy precluded on certain grounds

    (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…

  26. s. 37A

    Compensation for possession obtained by misrepresentation

    (1) Where the court— (a) makes an order for the termination of the current tenancy but does not make an order for the grant of a new tenancy, or (b) refuses an…

  27. s. 38

    Restriction on agreements excluding provisions of Part II

    (1) Any agreement relating to a tenancy to which this Part of this Act applies (whether contained in the instrument creating the tenancy or not) shall be void…

  28. s. 38A

    Agreements to exclude provisions of Part 2

    (1) The persons who will be the landlord and the tenant in relation to a tenancy to be granted for a term of years certain which will be a tenancy to which…

  29. General and supplementary provisions

    s. 39

    Saving for compulsory acquisitions

    (1) … (2) If the amount of the compensation which would have been payable under section thirty-seven of this Act if the tenancy had come to an end in…

  30. s. 40

    Duty of tenants and landlords of business premises to give information to each other

    (1) Where a person who is an owner of an interest in reversion expectant (whether immediately or not) on a tenancy of any business premises has served on the…

  31. s. 40A

    Duties in transfer cases

    (1) If a person on whom a notice under section 40(1) or (3) of this Act has been served has transferred his interest in the premises or any part of them to…

  32. s. 40B

    Proceedings for breach of duties to give information

    A claim that a person has broken any duty imposed by section 40 of this Act may be made the subject of civil proceedings for breach of statutory duty; and in…

  33. s. 41

    Trusts

    (1) Where a tenancy is held on trust, occupation by all or any of the beneficiaries under the trust, and the carrying on of a business by all or any of the…

  34. s. 41A

    Partnerships

    (1) The following provisions of this section shall apply where— (a) a tenancy is held jointly by two or more persons (in this section referred to as the joint…

  35. s. 42

    Groups of companies

    (1) For the purposes of this section two bodies corporate shall be taken to be members of a group if and only if one is a subsidiary of the other or both are…

  36. s. 43

    Tenancies excluded from Part II

    (1) This Part of this Act does not apply— (a) to a tenancy of an agricultural holding which is a tenancy in relation to which the Agricultural Holdings Act…

  37. s. 43ZA

    Further exclusion of home business tenancies from Part 2

    (1) This Part of this Act does not apply to a home business tenancy. (2) A home business tenancy is a tenancy under which— (a) a dwelling-house is let as a…

  38. s. 43A

    Jurisdiction of county court to make declaration

    Where the rateable value of the holding is such that the jurisdiction conferred on the court by any other provision of this Part of this Act is, by virtue of…

  39. s. 44

    Meaning of the landlord in Part II, and provisions as to mesne landlords, etc

    (1) Subject to subsections (1A) and (2) below,, in this Part of this Act the expression “the landlord”, in relation to a tenancy (in this section referred to…

  40. s. 46

    Interpretation of Part II

    (1) In this Part of this Act:— “ business ” has the meaning assigned to it by subsection (2) of section twenty-three of this Act; “current tenancy” means the…

Part III – Compensation for Improvements4
  1. s. 47

    Time for making claims for compensation for improvements

    (1) Where a tenancy is terminated by notice to quit, whether given by the landlord or by the tenant, or by a notice given by any person under Part I or Part II…

  2. s. 48

    Amendments as to limitations on tenant’s right to compensation

    (1) So much of paragraph (b) of subsection (1) of section two of the Act of 1927 as provides that a tenant shall not be entitled to compensation in respect of…

  3. s. 49

    Restrictions on contracting out

    In section nine of the Act of 1927 (which provides that Part I of that Act shall apply notwithstanding any contract to the contrary made after the date…

  4. s. 50

    Interpretation of Part III

    In this Part of this Act the expression “Act of 1927” means the Landlord and Tenant Act 1927, the expression “compensation” means compensation under Part I of…

Part IV – Miscellaneous and Supplementary20
  1. s. 51

    Extension of Leasehold Property (Repairs) Act 1938

    (1) The Leasehold Property (Repairs) Act 1938 (which restricts the enforcement of repairing covenants in long leases of small houses) shall extend to every…

  2. s. 52

    Amendment of Law of Property Act 1925, s. 84

    (1) Subsection (12) of section eighty-four of the Law of Property Act 1925 (which provides that the procedure under that section for discharging or modifying…

  3. s. 53

    Jurisdiction of county court where lessor refuses licence or consent

    (1) Where a landlord withholds his licence or consent— (a) to an assignment of the tenancy or a subletting, charging or parting with the possession of the…

  4. s. 54

    Determination of tenancies of derelict land

    Where a landlord, having power to serve a notice to quit, on an application to the county court satisfies the court— (a) that he has taken all reasonable steps…

  5. s. 54A

    Rent reviews and arrangements for new tenancies

    (1) Schedule 7A makes provision about rent reviews. (2) Schedule 7B makes provision about terms relating to rent in arrangements which require a new tenancy to…

  6. s. 56

    Application to Crown

    (1) Subject to the provisions of this and the four next following sections, Part II of this Act shall apply where there is an interest belonging to Her Majesty…

  7. s. 57

    Modification on grounds of public interest of rights under Part II

    (1) Where the interest of the landlord or any superior landlord in the property comprised in any tenancy belongs to or is held for the purposes of a Government…

  8. s. 58

    Termination on special grounds of tenancies to which Part II applies

    (1) 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…

  9. s. 59

    Compensation for exercise of powers under ss. 57 and 58

    (1) Where by virtue of any certificate given for the purposes of either of the two last foregoing sections or, subject to subsection (1A) below, section 60A…

  10. s. 60

    †Special provisions as to premises provided under Distribution of Industry Acts 1945 and 1950, etc

    (1) Where the property comprised in a tenancy consists of premises of which the Secretary of State or the English Industrial Estates Corporation is the…

  11. s. 60A

    Welsh Development Agency premises

    (1) Where the property comprised in a tenancy consists of premises of which the National Assembly for Wales is the landlord by virtue of the Welsh Development…

  12. s. 62

    s. 62

    (1) … (2) …

  13. s. 63

    Jurisdiction of court for purposes of Parts I and II and of Part I of Landlord and Tenant Act 1927

    (1) Any jurisdiction conferred on the court by any provision of Part I of this Act shall be exercised by the county court. (2) Any jurisdiction conferred on…

  14. s. 64

    Interim continuation of tenancies pending determination by court

    (1) In any case where— (a) a notice to terminate a tenancy has been given under Part I or Part II of this Act or a request for a new tenancy has been made…

  15. s. 65

    Provisions as to reversions

    (1) Where by virtue of any provision of this Act a tenancy (in this subsection referred to as “the inferior tenancy”) is continued for a period such as to…

  16. s. 66

    Provisions as to notices

    (1) Any form of notice required by this Act to be prescribed shall be prescribed by regulations made by the Lord Chancellor by statutory instrument. (2) Where…

  17. s. 67

    Provisions as to mortgagees in possession

    Anything authorised or required by the provisions of this Act, other than subsection ... (3) of section forty, to be done at any time by, to or with the…

  18. s. 68

    †Repeal of enactments and transitional provisions

    (1) … (2) The transitional provisions set out in the Ninth Schedule to this Act shall have effect.

  19. s. 69

    Interpretation

    (1) In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say:— “agricultural holding” has the same meaning…

  20. s. 70

    Short title and citation, commencement and extent

    (1) This Act may be cited as the Landlord and Tenant Act 1954, and the Landlord and Tenant Act 1927, and this Act may be cited together as the Landlord and…

FIRST SCHEDULE19
  1. Part I – Provisions as to making of payment in lump sum

    Sch. FIRST para. 1

    Sch. FIRST para. 1

    Subject to the provisions of this Part of this Schedule, a payment for accrued tenant’s repairs which is to be payable otherwise than by instalments shall…

  2. Sch. FIRST para. 2

    Sch. FIRST para. 2

    Where it is determined by the court that a payment for accrued tenant’s repairs is to be payable otherwise than by instalments, the court may determine that…

  3. Sch. FIRST para. 3

    Sch. FIRST para. 3

    A payment for accrued tenant’s repairs which is payable otherwise than by instalments, or any part of such a payment, shall be recoverable from the tenant.

  4. Sch. FIRST para. 4

    Sch. FIRST para. 4

    (1) Where it has been agreed or determined that a payment for accrued tenant’s repairs should be paid otherwise than by instalments, and the period of the…

  5. Sch. FIRST para. 5

    Sch. FIRST para. 5

    In relation to a case where the court exercises the power conferred by paragraph 2 of this Schedule references in the last foregoing paragraph to the relevant…

  6. Part II – Provisions as to making of payment by instalments

    Sch. FIRST para. 6

    Sch. FIRST para. 6

    Subject to the provisions of this Part of this Schedule, where under Part I of this Act it is agreed or determined that a payment for accrued tenant’s repairs…

  7. Sch. FIRST para. 7

    Sch. FIRST para. 7

    Any such instalment becoming payable at a time falling before the end of the period of the statutory tenancy shall be payable by the tenant.

  8. Sch. FIRST para. 8

    Sch. FIRST para. 8

    (1) Where the landlord is not the immediate landlord of the dwelling-house, the landlord and the immediate landlord may serve on the tenant a notice in the…

  9. Sch. FIRST para. 9

    Sch. FIRST para. 9

    Any instalment becoming payable at a time when the landlord is the immediate landlord or when a notice under sub-paragraph (1) of the last foregoing paragraph…

  10. Sch. FIRST para. 10

    Sch. FIRST para. 10

    If the period of the statutory tenancy comes to an end before all instalments of the payment for accrued tenant’s repairs have been paid, the remaining…

  11. Sch. FIRST para. 11

    Sch. FIRST para. 11

    In the application of the last foregoing paragraph to a case where the period of the statutory tenancy comes to an end before the relevant initial repairs have…

  12. Sch. FIRST para. 12

    Sch. FIRST para. 12

    Where, during the period of the statutory tenancy and before all instalments of the payment for accrued tenant’s repairs have become payable, the interest of…

  13. Part III – Variation of agreement or determination as to time for making payment

    Sch. FIRST para. 13

    Sch. FIRST para. 13

    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…

  14. Sch. FIRST para. 14

    Sch. FIRST para. 14

    The grounds on which an agreement or determination may be varied on an application under the last foregoing paragraph are the following:— (a) that the…

  15. Sch. FIRST para. 15

    Sch. FIRST para. 15

    The extent to which an agreement or determination may be so varied on an application under paragraph 13 of this Schedule is the following:— (a) if the…

  16. Sch. FIRST para. 16

    Sch. FIRST para. 16

    Where an agreement or determination is varied under this Part of this Schedule, the foregoing provisions of this Schedule shall thereafter apply with the…

  17. Part IV – Supplementary

    Sch. FIRST para. 17

    Sch. FIRST para. 17

    Any failure by the tenant to make a payment for accrued tenant’s repairs, or any part or instalment of such a payment, at the time when it becomes due shall be…

  18. Sch. FIRST para. 18

    Sch. FIRST para. 18

    Where any sum in respect of a payment for accrued tenant’s repairs has been recovered in advance of the carrying out of the relevant initial repairs, then in…

  19. Sch. FIRST para. 19

    Sch. FIRST para. 19

    In this Schedule the expression “immediate landlord” means the person who as respects the dwelling-house is the landlord of the tenant for the purposes of the…

SECOND SCHEDULE11
  1. Failure of landlord to carry out initial repairs

    Sch. SECOND para. 1

    Sch. SECOND para. 1

    (1) Where— (a) the tenant retains possession of the dwelling-house by virtue of subsection (1) of section six of this Act, and (b) by virtue of an agreement or…

  2. Sch. SECOND para. 2

    Sch. SECOND para. 2

    Where an order under paragraph 1 of this Schedule is in force, and on an application by the landlord the court is satisfied that the initial repairs have been…

  3. Sch. SECOND para. 3

    Sch. SECOND para. 3

    If, while an order under paragraph 1 of this Schedule is in force, it is agreed between the landlord and the tenant that the initial repairs in question have…

  4. Failure of tenant to carry out initial repairs

    Sch. SECOND para. 4

    Sch. SECOND para. 4

    Where, by virtue of an agreement or of a determination of the court, the tenant is required to carry out initial repairs to the dwelling-house, failure by the…

  5. Expenses and receipts: mortgages, settlements, etc.

    Sch. SECOND para. 5

    Sch. SECOND para. 5

    Any 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…

  6. Sch. SECOND para. 6

    Sch. SECOND para. 6

    The purposes authorised for the application of capital money by section seventy-three of the Settled Land Act 1925 … , and the purposes authorised by section…

  7. Record of state of repair of dwelling-house

    Sch. SECOND para. 7

    Sch. SECOND para. 7

    A landlord’s notice proposing a statutory tenancy may contain a requirement that if the tenant retains possession by virtue of subsection (1) of section six of…

  8. Sch. SECOND para. 8

    Sch. SECOND para. 8

    Where 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…

  9. Sch. SECOND para. 9

    Sch. SECOND para. 9

    Where the tenant retains possession of the dwelling-house by virtue of subsection (1) of section six of this Act and either the landlord or the tenant has made…

  10. Sch. SECOND para. 10

    Sch. SECOND para. 10

    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…

  11. Sch. SECOND para. 11

    Sch. SECOND para. 11

    The cost of making any such record as aforesaid shall, in default of agreement between the landlord and the tenant, be borne by them in equal shares.

THIRD SCHEDULE2
  1. Sch. THIRD para. 1

    Sch. THIRD para. 1

    The grounds referred to in paragraph (b) of subsection (1) of section twelve of this Act are the following, that is to say:— (a) that suitable alternative…

  2. Sch. THIRD para. 2

    Sch. THIRD para. 2

    Part IV of Schedule 15 to the Rent Act (which relates to the circumstances in which suitable accommodation is to be deemed to be available for the tenant)…

FOURTH SCHEDULE5
  1. Sch. FOURTH para. 1

    Sch. FOURTH para. 1

    In relation to such a tenancy as is mentioned in subsection (2) of section nineteen of this Act, Part I of this Act shall have effect subject to the following…

  2. Sch. FOURTH para. 2

    Sch. FOURTH para. 2

    For subsection (6) of section two there shall be substituted the following:— (6) In this Part of this Act the expression “term date”, in relation to any such…

  3. Sch. FOURTH para. 3

    Sch. FOURTH para. 3

    For subsection (1) of section five there shall be substituted the following:— (1) A tenancy to which section one of this Act applies may be brought to an end…

  4. Sch. FOURTH para. 4

    Sch. FOURTH para. 4

    Notwithstanding anything in subsection (2) of section three, where by virtue of subsection (1) of that section the tenancy is continued after the term date…

  5. Sch. FOURTH para. 5

    Sch. FOURTH para. 5

    Where 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…

FIFTH SCHEDULE11
  1. Definitions

    Sch. FIFTH para. 1

    Sch. FIFTH para. 1

    (1) In this Schedule the following expressions have the meanings hereby assigned to them in relation to a tenancy (in this Schedule referred to as “the…

  2. Acts of competent landlord binding on other landlords

    Sch. FIFTH para. 2

    Sch. FIFTH para. 2

    Any notice given by the competent landlord under subsection (1) of section four of this Act, any agreement made under Part I of this Act between that landlord…

  3. Provisions as to consent of other landlords to acts of competent landlord

    Sch. FIFTH para. 3

    Sch. FIFTH para. 3

    (1) Where in the four next following paragraphs reference is made to other landlords or to mesne landlords, the reference shall be taken not to include a mesne…

  4. Sch. FIFTH para. 4

    Sch. FIFTH para. 4

    (1) If a notice is given by the competent landlord under subsection (1) of section four of this Act, or an agreement under Part I of this Act is made with the…

  5. Sch. FIFTH para. 5

    Sch. FIFTH para. 5

    The competent landlord may serve on any other landlord a notice in the prescribed form requiring him to consent to the giving or making of any such notice or…

  6. Sch. FIFTH para. 6

    Sch. FIFTH para. 6

    (1) It may be made a condition either— (a) of the giving of consent by a person whose consent is required under paragraph 4 of this Schedule, or (b) of the…

  7. Sch. FIFTH para. 7

    Sch. FIFTH para. 7

    (1) Where under Part I of this Act the competent landlord is required by an agreement, or by a determination of the court, to carry out initial repairs to any…

  8. Failure of competent landlord to carry out initial repairs

    Sch. FIFTH para. 8

    Sch. FIFTH para. 8

    Where, in consequence of the failure of the competent landlord to carry out initial repairs, the amount of any payment of rent is reduced under paragraph 1 of…

  9. Relief in proceedings by superior landlord

    Sch. FIFTH para. 9

    Sch. FIFTH para. 9

    (1) Where in the case of a tenancy to which section one of this Act applies— (a) the interest of the immediate landlord is itself a tenancy (in this paragraph…

  10. Relief for mesne landlord against damages for breach of covenant

    Sch. FIFTH para. 10

    Sch. FIFTH para. 10

    (1) The provisions of the next following sub-paragraph shall have effect where, in the case of a tenancy to which section one of this Act applies,— (a) the…

  11. Provisions as to liabilities under tenants’ covenants in superior leases

    Sch. FIFTH para. 11

    Sch. FIFTH para. 11

    (1) Where subsection (1) of section ten of this Act applies, any terms to which this paragraph applies shall cease to have effect in so far as they relate to…

SIXTH SCHEDULE7
  1. Definitions

    Sch. SIXTH para. 1

    Sch. SIXTH para. 1

    In this Schedule the following expressions have the meanings hereby assigned to them in relation to a tenancy (in this Schedule referred to as “the relevant…

  2. Power of court to order reversionary tenancies

    Sch. SIXTH para. 2

    Sch. SIXTH para. 2

    Where the period for which in accordance with the provisions of Part II of this Act it is agreed or determined by the court that a new tenancy should be…

  3. Acts of competent landlord binding on other landlords

    Sch. SIXTH para. 3

    Sch. SIXTH para. 3

    (1) Any notice given by the competent landlord under Part II of this Act to terminate the relevant tenancy, and any agreement made between that landlord and…

  4. Provisions as to consent of mesne landlord to acts of competent landlord

    Sch. SIXTH para. 4

    Sch. SIXTH para. 4

    (1) If the competent landlord, not being the immediate landlord, gives any such notice or makes any such agreement as is mentioned in sub-paragraph (1) of the…

  5. Consent of superior landlord required for agreements affecting his interest

    Sch. SIXTH para. 5

    Sch. SIXTH para. 5

    An agreement between the competent landlord and the tenant made for the purposes of Part II of this Act in a case where— (a) the competent landlord is himself…

  6. Withdrawal by competent landlord of notice given by mesne landlord

    Sch. SIXTH para. 6

    Sch. SIXTH para. 6

    Where the competent landlord has given a notice under section 25 of this Act to terminate the relevant tenancy and, within two months after the giving of the…

  7. Duty to inform superior landlords

    Sch. SIXTH para. 7

    Sch. SIXTH para. 7

    If the competent landlord’s interest in the property comprised in the relevant tenancy is a tenancy which will come or can be brought to an end within sixteen…

Schedule 7A15
  1. Part 1 – Key terms

    Sch. 7A para. 1

    “Business tenancy”

    (1) A tenancy is a “business tenancy” at a particular time if, at that time, Part 2 of this Act— (a) applies to the tenancy, or (b) has the potential to apply…

  2. Sch. 7A para. 2

    “Business tenancy with a rent review”

    (1) A tenancy is a “business tenancy with a rent review” at a particular time if, at that time— (a) it is a business tenancy, and (b) it is subject to rent…

  3. Part 2 – Triggering and operation of rent reviews

    Sch. 7A para. 3

    Application of this Part

    (1) This Part of this Schedule applies to a tenancy at a particular time if— (a) at that time it is a business tenancy with a rent review, (b) the tenancy was—…

  4. Sch. 7A para. 4

    Tenant to have power to trigger a rent review

    (1) This paragraph applies if— (a) an action is necessary for a particular rent review to be initiated (a “trigger action”), and (b) the rent review terms, or…

  5. Sch. 7A para. 5

    Tenant to have power to take action to enable rent review to operate effectively

    (1) This paragraph applies if— (a) an action is necessary for a particular rent review to operate effectively (an “operational action”), and (b) the rent…

  6. Part 3 – Rent review terms that are of no effect

    Sch. 7A para. 6

    Application of this Part

    (1) This Part of this Schedule applies to a tenancy at a particular time if— (a) at that time it is a business tenancy with a rent review, (b) at that time the…

  7. Sch. 7A para. 7

    Rent review terms that “do not specify new passing rent”

    Rent review terms “do not specify new passing rent” if they are such that an amount of rent under review that will be payable at a time during the term of the…

  8. Sch. 7A para. 8

    Elements 1 and 2

    (1) This paragraph sets out elements 1 and 2. (2) Element 1: an amount of rent (the “reference amount”) is determined by reference to— (a) the effect of…

  9. Sch. 7A para. 9

    Amount of new passing rent to be larger than reference amount

    (1) This paragraph applies in relation to a particular rent review if the amount of the new passing rent determined in accordance with the rent review terms…

  10. Sch. 7A para. 10

    Exceptions

    (1) The Secretary of State may, by regulations, provide for exceptions from paragraph 9 (whether an exception relates to the paragraph generally or to an…

  11. Part 4 – Sub-tenancy required to include rent review terms that would be of no effect

    Sch. 7A para. 11

    Application of this Part

    (1) This Part of this Schedule applies to a tenancy (the “superior tenancy”) at a particular time if, at that time— (a) the superior tenancy is a business…

  12. Sch. 7A para. 12

    Modification of terms of superior tenancy

    (1) The superior tenancy has effect after this Schedule comes into force as if it requires, or as the case may be permits, the authorised sub-tenancy to…

  13. Sch. 7A para. 13

    Interpretation

    (1) The following provision applies for the purposes of this Part of this Schedule. (2) The superior tenancy permits the grant of a sub-tenancy, or the…

  14. Part 5 – General provision

    Sch. 7A para. 14

    Anti-avoidance

    An agreement (whether contained in the instrument creating the tenancy or not) is void if, or to the extent that, it purports to require the tenant to make a…

  15. Sch. 7A para. 15

    Interpretation

    (1) In this Schedule— “business tenancy” has the meaning given in paragraph 1; “business tenancy with a rent review” has the meaning given in paragraph 2. (2)…

Schedule 7B11
  1. Sch. 7B para. 1

    Application of this Schedule

    This Schedule applies at a particular time if, at that time, conditions A to F are met.

  2. Sch. 7B para. 2

    Condition A: a business tenancy

    (1) Condition A is met if Part 2 of this Act— (a) applies to the tenancy, or (b) has the potential to apply to the tenancy. (2) In the following paragraphs of…

  3. Sch. 7B para. 3

    Condition B: a tenancy renewal arrangement

    (1) Condition B is met if the tenant under the existing tenancy is a party to a tenancy renewal arrangement. (2) In this Schedule— “new tenancy” means a new…

  4. Sch. 7B para. 4

    Condition C: tenancy renewal arrangement on or after 17 March 2026

    Condition C is met if the tenancy renewal arrangement is entered into on or after 17 March 2026.

  5. Sch. 7B para. 5

    Condition D: initial rent not known

    Condition D is met if the rent payable at the start of the term of the new tenancy (the “initial rent”)— (a) is not known, and (b) cannot be determined, at the…

  6. Sch. 7B para. 6

    Condition E: terms for determining the initial rent

    Condition E is met if the tenancy renewal arrangement is subject to terms for determining the initial rent (the “rent determination terms”) (whether or not…

  7. Sch. 7B para. 7

    Condition F: method for determining the initial rent

    (1) Condition F is met if the rent determination terms include elements 1 and 2 (whether or not they include any other elements). (2) Element 1: an amount of…

  8. Sch. 7B para. 8

    Amount of initial rent to be larger than reference amount

    (1) This paragraph applies in relation to the new tenancy if the amount of the initial rent determined in accordance with the rent determination terms would be…

  9. Sch. 7B para. 9

    Exceptions

    (1) The Secretary of State may, by regulations, provide for exceptions from paragraph 8 (whether an exception relates to the paragraph generally or to an…

  10. Sch. 7B para. 10

    Anti-avoidance

    An agreement (whether contained in the tenancy renewal arrangement or not) is void if, or to the extent that, it purports to require the tenant to make a…

  11. Sch. 7B para. 11

    Interpretation

    In this Schedule, in relation to a tenancy— “existing tenancy” has the meaning given in paragraph 2(2); “inflation” means a change in prices or costs…

EIGHTH SCHEDULE4
  1. Sch. EIGHTH para. 1

    Sch. EIGHTH para. 1

    Where an interest in any property comprised in a tenancy belongs to Her Majesty in right of the Duchy of Lancaster, then for the purposes of Part II of this…

  2. Sch. EIGHTH para. 2

    Sch. EIGHTH para. 2

    Where an interest in any property comprised in a tenancy belongs to the Duchy of Cornwall, then for the purposes of Part II of this Act such person as the Duke…

  3. Sch. EIGHTH para. 4

    Sch. EIGHTH para. 4

    The amount of any compensation payable under section thirty-seven of this Act by the Chancellor of the Duchy of Lancaster shall be raised and paid as an…

  4. Sch. EIGHTH para. 5

    Sch. EIGHTH para. 5

    Any compensation payable under section thirty-seven of this Act by the person representing the Duke of Cornwall or other the possessor for the time being of…

NINTH SCHEDULE6
  1. Sch. NINTH para. 3

    Sch. NINTH para. 3

    Where immediately before the commencement of this Act a person was protected by section seven of the Leasehold Property (Temporary Provisions) Act 1951…

  2. Sch. NINTH para. 4

    Sch. NINTH para. 4

    For the purposes of section twenty-six and subsection (2) of section forty of this Act a tenancy which is not such a tenancy as is mentioned in subsection (1)…

  3. Sch. NINTH para. 5

    Sch. NINTH para. 5

    (1) A tenant under a tenancy which was current at the commencement of this Act shall not in any case be entitled to compensation under section thirty-seven or…

  4. Sch. NINTH para. 6

    Sch. NINTH para. 6

    (1) Where the landlord’s interest in the property comprised in a tenancy which, immediately before the commencement of this Act, was terminable by less than…

  5. Sch. NINTH para. 8

    Sch. NINTH para. 8

    Where at the commencement of this Act any proceedings are pending on an application made before the commencement of this Act to the tribunal under section five…

  6. Sch. NINTH para. 11

    Sch. NINTH para. 11

    Notwithstanding the repeal of Part II of the Leasehold Property (Temporary Provisions) Act 1951, where immediately before the commencement of this Act a…

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