07 Jul The Central Purpose of the Landlord & Tenant Act
Central Purpose
The central purpose of the Landlord & Tenant Act 1954 is to prevent leases from expiring simply through the effluxion (i.e. passing) of time. Each party must serve notices of intentions and landlord can only refuse new tenancy under certain conditions. These conditions are covered in Sections 25-27 of the Act:
- Section 25 – Landlord’s Notice
- Section 26 – Tenant’s Request Notice
- Section 27 – Tenant’s Notice to Quit
Holding Over
However, if no parties serve notices, then the existing tenancy continues at existing rent, which is known as holding over. In the event that the parties cannot agree a new tenancy, then either an arbitrator or a court would determine the terms under sections 32-35 of the Act.
Other Issues
It should also be noted that the Act does not apply to all tenancies and nor does it apply in all situations, although many situations are included. Some tenancies are covered by other statutes, e.g. agricultural. The premises must be used for business purposes is covered within Section 23: “a trade, profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporate”.
Besides, the tenant must be in occupation. If the tenant ceases to occupy, then protection of Act ceases. The physical presence of tenant, control they exert over premises, provision of services and the time spent by tenant on activities are relevant factors.
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