The Landlord and Tenant Act - Case Study Example

The Landlord and Tenant Act, 1954 is not only valid for different parts of United Kingdom, but also in Wales. The Part II of the act is known as a statutory code which is used for governing business tendencies. The Part I of the Act is mainly related with the protection of tenancies in residential areas. With Part II of the Act, the business tenants are actually provided with a sense of security. This part elaborates that a business tenant cannot be evicted by a simple notice. They cannot be even asked to quit by declaring that fixed term of the tenancy has ended. In both cases the landlord should serve a notice to the tenant so that the tenant can respond in return and take necessary actions. In the case of Mr F and Mr L, the former is in an advantageous position. In his case there is a clause in the lease agreement which has clearly elaborated that if the landlord wishes; he can actually demolish or reconstruct certain portions of the building. But he cannot do it without serving a written notice first. If the tenant does not vacate the place within the stipulated period, then on the expiry of the notice, the lease will be considered as null and void. The landlord has the right to vacate his tenants and redevelop the place for his personal purpose. Mr. F if he wants to send a notice to his tenant under section 25 of the Act which clearly specifies the conditions to end the tenancy. If Mr F acts with the help of Section 25 of the Landlord and Tenant Act, 1954, Mr L can only challenge the grounds on which the landlord has opposed the tenancy in a court. Getting advice from the surveyor or the solicitor is possible. But it will be difficult for Mr L to get a viable solution as he has already signed the lease argument which clearly specifies the clause, “If at any time during the term of this lease the Landlord intends to demolish or reconstruct the building known as Spaghetti House or carry out substantial works of construction to it and gives to the Tenant not less than six months’ written notice of such intention then on the expiry of such notice this lease shall forthwith terminate”. This will give Mr F a lot of advantages. Furthermore, he can also take the help of Leasehold Reform Act, 1967. According to Leasehold Reform it has been mentioned clearly, that the ‘continuing interest of the landlord’ should be safeguarded. If by any chance Mr F can prove that Mr L has failed to manage the property or has become insolvent, he can easily get hold of his property and use it for his own purpose. However the 1967 Act has made quite a few amendments which actually cover the rights of the leaseholders. Mr F, as it has been mentioned maintains a freehold interest on the property. Under the Act of 1967, a leaseholder can manage to buy the freehold if only the term of extended lease has expired. However in accordance with the law, the leaseholder can do so if the landlord has been found absent for a quite long time. Mr F seems to have an advantage in this case. If he manages to serve a notice to Mr L, the notice should be served at least six months before the date of the termination of the lease. The date of termination of the lease is extremely important. However Mr F must have adequate reasons for the refusal of his tenancy. He can manage to terminate the tenancy under 25(1) of the Landlord and Tenant Act, 1954. According to the Act, the landlord i.e. Mr F, if he wants to can serve a notice to quit. However in all cases the date of termination which will be specified in the agreement should be at least six months away from the date. The Act clearly specifies that landlords can oppose the tenancy if there is a failure to pay the rent or if the landlord wants the premises for his own use. If he wants to redevelop the premises for his own business purpose, he can manage to apply to the court so that the tenancy is ended. He can also oppose the tenant’s application which might be submitted for a renewal. This means, that Mr F can easily manage to get hold of the property as he can easily specify that he wants the property for his own use. However there is one small lurch. In case Mr F applies to the court for the elimination of the lease agreement refusing to renew the term, the tenant can send Section 26 notice. This must be done in between 6 to 12 months-the time before the new tenancy rules can be applied. But if the landlord that is, Mr. F has already sent a Section 25 notice which means that he is opposing the renewal, Mr L will be in deep soup. He may or may not respond to the notice, the decision of which will be based entirely on his discretion. He can seek professional help. But if he does not, then the tenancy will end automatically on the date which is set in the Section 25 notice. The tenants may have rights under the Leasehold Reform Act, 1967. This is mostly applied for a property that is a ‘house’. But in some cases the rights are also regulated for a commercial property. The tenant can actually acquire the freehold interest of Mr F; the tenant should use a Form 7. If Mr F manages to send the quit notice on time clearly before the date of the termination of the lease agreement, there are chances that he will be benefited. And in return he will also get back his property for his own personal use. But he should be careful. Asking help from a solicitor is often the best thing to do especially when the terms and conditions of a legal lease agreement are to be discussed. In case the matter is not settled mutually, one has to think of the option of the court. Works Cited 1. The Landlord and Tenant (Notice of Rent) (Wales) Regulations 2005, web: www.opsi.gov.uk/legislation/wales/wsi2005/20051355e.htm 2. Solicitors: Landlord and Tenant - infolaw Lawfinder. Web: www.infolaw.co.uk. 3. Lord and Tenants Wales, 2009. 4. Tenants NSW. Web: www.tenants.org.au Read More