LTA 1954 procedure

LTA 1954 procedure

Does LTA 1954 apply? Section 23 criteria

Provided a tenancy satisfies the requirements of section 23 of the Landlord and Tenant Act 1954 (LTA 1954), a tenant will have a statutory right to seek a new lease or tenancy at the expiry of its current tenancy pursuant to LTA 1954, s 24. Section 23 provides that a tenancy is within LTA 1954 if the whole or a part of the demised premises is occupied by the tenant for the purposes of its business or for those and other purposes. The expression 'business' includes any trade, profession or employment. It also includes any activity carried on by a body of persons, whether corporate or unincorporated.

For more information, see Practice Note: LTA 1954 business lease renewal—termination—Does LTA 1954 apply?

Assuming that the conditions in LTA 1954, s 23 are satisfied, the tenancy will fall within LTA 1954 unless specifically excluded from protection under LTA 1954. Excluded tenancies include tenancies of agricultural holdings, farm business tenancies, tenancies granted for a term not exceeding six months and tenancies granted for the primary purpose of Code rights

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