. . . (3)Where by virtue of any provision of this Act a tenancy (in this subsection referred to as “the continuing tenancy”) is continued beyond the beginning of a reversionary tenancy which was granted (whether before or after the commencement of this Act) so as to begin on or after the date on which apart from this Act the continuing tenancy would have come to an end, the reversionary tenancy shall have effect as if it had been granted subject to the continuing tenancy. 1(3), Sch. (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 “the relevant tenancy”), means the person (whether or not he is the immediate landlord) who is the owner of that interest in the property comprised in the relevant tenancy which for the time being fulfils the following conditions, that is to say—, (a)that it is an interest in reversion expectant (whether immediately or not) on the termination of the relevant tenancy, and. . 1E+WSubject 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 become payable when the relevant initial repairs have been completed, unless the landlord and the tenant agree that it shall become payable wholly or in part at some other date. 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 initial repairs shall be construed as references to any such part of those repairs as is referred to in the said paragraph 2, being a part which at the material time has not been begun or, as the case may be, has been begun but not completed, and references to the payment for accrued tenant’s repairs shall be construed accordingly. in the case of regulations made by the Secretary of State, a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament. 34(4) inserted (1.1.1996) by 1995 c. 30, s. 30(1), Sch. . 4E+WWhere, 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 tenant to carry out the repairs within a reasonable time in accordance with the agreement or determination shall be treated as a breach of the obligations of the tenancy for the purposes of [F191Case 1 in [F192Schedule 15] to the Rent Act] (which relates to recovery of possession where the rent has not been paid or any other obligation of the tenancy has not been performed). . 3 para. 25, F37Definition substituted by Rent Act 1968 (c. 23), Sch. (2)This Act shall come into operation on the first day of October, nineteen hundred and fifty-four. 5. . . 10E+WAny 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 tenant, by the President of the Royal Institution of Chartered Surveyors. 2003/3096), art. 5 para. 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 premises, he may serve on any mesne landlord a notice requiring him to pay to the competent landlord a contribution towards the cost reasonably incurred by the competent landlord in carrying out those repairs, if and in so far as that cost is not recovered by way of payment for accrued tenant’s repairs and is not recoverable (apart from this sub-paragraph) otherwise than by way of such payment. . 19(2) amended by Leasehold Reform Act 1967 (c. 88), s. 37(2). See how this legislation has or could change over time. 18, Sch. F36. (4)A “home business” is a business of a kind which might reasonably be carried on at home. . . . 3(1)(2), 17, 40(4), 57(6), 58), C6Act extended: by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. F193Words in Sch. such an application is made but is subsequently withdrawn. At any time before, but not more than twelve months before, the term date application may be made to the court as respects any long tenancy. . [F157(3)In this section “development area” and “intermediate area” mean an area for the time being specified as a development area or, as the case may be, as an intermediate area by an order made, or having effect as if made, under section 1 of the Industrial Development Act 1982.]. If at the expiration of the period within which an application under the last foregoing section may be made the landlord has not made such an application, the landlord’s notice, and anything done in pursuance thereof, shall thereupon cease to have effect. . 62(2) repealed by House of Commons Disqualification Act 1957 (c. 20), Sch. . . 15 (continued by Rent Act 1977 (c. 42), Sch. 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 the tenant as to the granting, duration, or terms of a future tenancy, being an agreement made for the purposes of the said Part II, shall bind the interest of any mesne landlord notwithstanding that he has not consented to the giving of the notice or was not a party to the agreement.E+W. 2003/3096), arts. 2(7) added by Rent Act 1977 (c. 42), s. 155(2), Sch. he shall be entitled, at his option, to the one or the other, but not to both. The interim rent determined on an application under section 24A(1) of this Act shall be payable from the appropriate date. . ], [F91(5E) Any deduction made under paragraph 2A of Schedule 6 to the Local Government Finance Act 1988 (deduction from valuation of hereditaments used for breeding horses etc. ) 2009/3318, art. 1(1)(2), 2(2)(a), F118S. . . Where the current tenancy includes rights enjoyed by the tenant in connection with the holding, those rights shall be included in a tenancy ordered to be granted under section 29 of this Act, except as otherwise agreed between the landlord and the tenant or, in default of such agreement, determined by the court. Provisions where tenant not ordered to give up possession. in subsection (1) of section seven, in the definition of the expression “lease”, for the words “twenty-one years or more” there shall be substituted the words “seven years or more, not being a lease of an agricultural holding within the meaning of the Agricultural Holdings Act, 1948”. Amendment of Law of Property Act 1925, s. 84. Notwithstanding anything in subsection (1) of section seven of this Act, the court shall not have power to determine that any initial repairs shall be carried out by the tenant except with his consent. (2)The landlord and tenant may from time to time by agreement further extend the period for making such an application, but any such agreement must be made before the end of the period specified in the current agreement. Where an agreement or determination is varied under this Part of this Schedule, the foregoing provisions of this Schedule shall thereafter apply with the necessary modifications. (5)The provisions of the Fifth Schedule to this Act shall have effect for the application of this Part of this Act to cases where the immediate landlord of the tenant is not the owner of the fee simple in respect of the premises in question. 1991/724, art. 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 become payable when the relevant initial repairs have been completed, unless the landlord and the tenant agree that it shall become payable wholly or in part at some other date. . F51Words in s. 26(1) substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. According to California law (CA Civil Code 1940-1954.05), under a lease, tenants have certain rights such as the right to a habitable dwelling, due process for evictions, and more.Landlords … (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 landlord, not later than three months before the date on which apart from this Act the tenancy would come to an end by effluxion of time, a notice in writing that the tenant does not desire the tenancy to be continued, section 24 of this Act shall not have effect in relation to the tenancy, unless the notice is given before the tenant has been in occupation in right of the tenancy for one month. . 4(2) (with ss. An appeal shall lie to the [F88Upper Tribunal] from any decision of a valuation officer under this subsection, but subject thereto any such decision shall be final. The provisions of the Second Schedule to this Act shall have effect as respects cases where the landlord or the tenant fails to carry out initial repairs, as to the cost of carrying out such repairs in certain cases and as to the making of a record, where required by the landlord or by the tenant, of the state of repair of the dwelling-house. . 43(1)(aa) inserted (1.9.1995) by 1995 c. 8, ss. . 39(1) repealed by Land Compensation Act 1973 (c. 26), Sch. This section shall have effect whether the term in question was created before or after the commencement of this Act. 1(3), 25(2)(a), F56Word in s. 27(2) repealed (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. (2)In the case of a tenancy continuing by virtue of any provision of this Act after the coming to an end of the interest in reversion immediately expectant upon the termination thereof, subsection (1) of section one hundred and thirty-nine of the M15Law of Property Act 1925 (which relates to the effect of the extinguishment of a reversion) shall apply as if references in the said subsection (1) to the surrender or merger of the reversion included references to the coming to an end of the reversion for any reason other than surrender or merger. 37A inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. ], [F130(2)For the purposes of this Part of this Act, a person has a controlling interest in a company, if, had he been a company, the other company would have been its subsidiary; and in this Part—, “company” has the meaning given by [F131section 1(1) of the Companies Act 2006]; and, “subsidiary” has the meaning given by [F132section 1159 of that Act]. 1(3), 5, (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. (2)In this Part of this Act the expression “business” includes a trade, profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporate. 45, 68(1), Sch. 60B repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 26 paras. (2)The provisions of the Eighth Schedule to this Act shall have effect as respects the application of Part II of this Act to cases where the interest of the landlord belongs to Her Majesty in right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall. (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 section shall include the carrying out of specified repairs (hereinafter referred to as “initial repairs”), and any of the initial repairs are required in consequence of failure by the tenant to fulfil his obligations under the former tenancy, the landlord shall be entitled to a payment (hereinafter referred to as a “payment for accrued tenant’s repairs”) of an amount equal to the cost reasonably incurred by the landlord in ascertaining what repairs are required as aforesaid and in carrying out such of the initial repairs as are so required and as respects which it has been agreed or determined as aforesaid that they are to be carried out by the landlord, excluding any part of that cost which is recoverable by the landlord otherwise than from the tenant or his predecessor in title. 2, Sch. . ], (2)At any time before, but not more than twelve months before, the term date application may be made to the court as respects any long tenancy [F6at a low rent], not being at the time of the application a tenancy as respects which the qualifying condition is fulfilled, for an order declaring that the tenancy is not to be treated for the purposes of this Part of this Act as a tenancy to which the foregoing section applies; and where such an application is made—. , including, where different persons own interests which fulfil the conditions specified in section 44(1) of this Act in different parts of it, terms as to the apportionment of the rent, In subsection (1) of this section the reference to all relevant circumstances includes (without prejudice to the generality of that reference) a reference. 2003/3096), Pastoral (Amendment) Measure 2006 (No. 1(3), Sch. 1(4), 582(3), Sch. (6)The Commissioners of Inland Revenue may by statutory instrument make rules prescribing the procedure in connection with references under this section. . . 41A inserted by Law of Property Act 1969 (c. 59), s. 9, F108Words in s. 41A(6) substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 35(4), 164(1) (with s. 35(5)); S.I. . 3(1) ), F150 S. 59(1A)(b) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. . 5 para. 2 para. 6(5), 11 repealed by Rent Act 1957 (c. 25), Sch. if the tenancy in question were not one at a low rent. . . . Where the ground or one of the grounds for claiming possession specified in the landlord’s notice was one mentioned in the Third Schedule to this Act, then if on an application made in accordance with subsection (1) of this section the court is satisfied that the landlord has established that ground and that it is reasonable that the landlord should be granted possession, the court shall order that the tenant shall, on the termination of the tenancy, give up possession of all the property then comprised in the tenancy. 1990/1285 , art. ], F59S. . Where a landlord withholds his licence or consent—, to an assignment of the tenancy or a subletting, charging or parting with the possession of the demised property or any part thereof, or, to the making of an improvement on the demised property or any part thereof, or. . II para. 1(d) repealed Leasehold Reform Act 1967 (c. 88), Sch. A tenant’s request for a new tenancy shall be for a tenancy beginning with such date, not more than twelve nor less than six months after the making of the request, as may be specified therein: A tenant’s request for a new tenancy shall not have effect unless it is made by notice in the prescribed form given to the landlord and sets out the tenant’s proposals as to the property to be comprised in the new tenancy (being either the whole or part of the property comprised in the current tenancy), as to the rent to be payable under the new tenancy and as to the other terms of the new tenancy. . Where a tenancy is terminated under subsection (2) above, any rent payable in respect of a period which begins before, and ends after, the tenancy is terminated shall be apportioned, and any rent paid by the tenant in excess of the amount apportioned to the period before termination shall be recoverable by him. . 7); S.I. Where the court is precluded from making an order for the grant of a new tenancy under this Part of this Act in. 6E+WWhere 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 notice, a superior landlord—. . 3 , 4 ), F90Words in s. 37(5D)(c) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. . a dwelling-house is let as a separate dwelling, the tenant or, where there are joint tenants, each of them, is an individual, and. Where the landlord’s interest in the property comprised in any tenancy belongs to or is held for the purposes of a Government department, nothing in this Act shall invalidate an agreement to the effect—, that on the giving of such a certificate as is mentioned in the last foregoing subsection the tenancy may be terminated by notice to quit given by the landlord of such length as may be specified in the agreement, if the notice contains a copy of the certificate; and. 2(e), C19S. . 1E+WWhere 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 Act the Chancellor of the Duchy shall represent Her Majesty and shall be deemed to be the owner of the interest. Where an agreement is made under this section, or two or more agreements are made under this section, the landlord’s notice under section 25 of this Act or tenant’s request under section 26 of this Act shall be treated as terminating the tenancy at the end of the period specified in the agreement or, as the case may be, at the end of the period specified in the last of those agreements. 24 para. . 2003/3096), arts. (6)In this section the expression “notice of dilapidations” means a notice under subsection (1) of section one hundred and forty-six of the M9Law of Property Act 1925. 4E+WFor 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) of the said section twenty-six but is a tenancy to which Part II of this Act applies and in respect of which the following conditions are satisfied, that is to say—, (a)that it took effect before the commencement of this Act at the coming to an end by effluxion of time or notice to quit of a tenancy which is such a tenancy as is mentioned in subsection (1) of the said section twenty-six or is by virtue of this paragraph deemed to be such a tenancy; and, (b)that if this Act had then been in force the tenancy at the coming to an end of which it took effect would have been one to which Part II of this Act applies; and. (2)If an application under section 24A(1) of this Act is made in a case where the landlord has given a notice under section 25 of this Act, the appropriate date is the earliest date of termination that could have been specified in the landlord’s notice. Jurisdiction of court for purposes of Parts I and II and of Part I of Landlord and Tenant Act 1927. (c)a change in the persons of the trustees shall not be treated as a change in the person of the tenant. . (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. . 1 (with Sch. Words in s. 63(9) substituted by virtue of. Where a tenant under a tenancy which was current at the commencement of this Act would but for this sub-paragraph be entitled both to—, compensation under section thirty-seven or section fifty-nine of this Act; and. . (b)that the landlord has made such preparations (including the obtaining, or, if that is not reasonably practicable in the circumstances, preparations relating to the obtaining, of any requisite permission or consent, whether from any authority whose permission or consent is required under any enactment or from the owner of any interest in any property) for proceeding with the redevelopment as are reasonable in the circumstances. 2 para. . Principles to be observed in determining terms of statutory tenancy as to repairs and rent. 4(1), C49S. 2003/3096), Local Government and Housing Act 1989 (c.42, SIF 75:1), Local Government, Planning and Land Act 1980 (c. 65, SIF 103:1, 2), Regulatory Reform (Business T(3B)enancies) (England and Wales) Order 2003 (S.I. (3)In a case not falling within the last foregoing subsection the right to compensation conferred by [F97section 37 of this Act] may be excluded or modified by agreement. . 1(3), 25(2)(b), Sch. 4. 3(1)(a), F15Ss. 2(2), 4(1)(d), Where a landlord, having power to serve a notice to quit, on an application to the county court satisfies the court—. 20(5), 21, 22. ], F105Words inserted by Law of Property Act 1969 (c. 59), s. 1(2), F106S. This section shall not apply to a notice served by or on the tenant more than two years before the date on which apart from this Act his tenancy would come to an end by effluxion of time or could be brought to an end by notice to quit given by the landlord. . . . These include mining leases and agricultural premises. . A certificate under the last foregoing subsection shall not be given unless the owner of the interest belonging or held as mentioned in the last foregoing subsection has given to the tenant a notice stating—, that the question of the giving of such a certificate is under consideration by the Minister or Board specified in the notice, and. 58 extended by S.I. 2(1)(d). 1(b), 2(2); 2006 No. (b)refuses an order for the grant of a new tenancy. 5. . (4)The reference in the last foregoing subsection to the time at which an application is finally disposed of shall be construed as a reference to the earliest time at which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the time of withdrawal or abandonment. whether the interest of the person to whom the notice is given has effect subject to any sub-tenancy on which that interest is immediately expectant and, if so. . . Power of court to order reversionary tenancies. (2)A certificate under the last foregoing subsection shall not be given unless the owner of the interest belonging or held as mentioned in the last foregoing subsection has given to the tenant a notice stating—, (a)that the question of the giving of such a certificate is under consideration by the Minister or Board specified in the notice, and. F133S. 20 (with Sch. . or, [F150(b)the tenant was not the tenant of the premises when the interest by virtue of which the certificate was given was acquired by the Welsh Development Agency or, if the interest was acquired on or after 1 April 2006, by the National Assembly for Wales in exercise of functions transferred to it by the Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005]]. which is a tenancy in relation to which the Agricultural Holdings Act 1986 applies or a tenancy which would be a tenancy of an agricultural holding in relation to which that Act applied if subsection (3) of section 2 of that Act, did not have effect or, in a case where approval was given under subsection (1) of that section, to a tenancy of premises licensed for the sale of intoxicating liquor for consumption on the premises, other than—. 3E+W. . 137(1), 139(2), 141(1), 143(2)); S.I. 2003/3096), art. 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