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Renewal of Business Tenancies

3rd edition
Michael Haley
Availability: Published

The renewal of business tenancies is subject to compliance with strict legal requirements including technical statutory procedures, time-limits, and the service of prescribed notices and forms. Accordingly, the operation of the renewal provisions is heavily dependent upon the right person doing the right thing at the right time.

In this book, Michael Haley unravels the complexity of the legal requirements with:

  • the background to and policy and catchment of the 1954 Act;
  • an explanation of the provisions for contracting out;
  • a clear statement of the rights and obligations of the parties;
  • guidance on the intricacies and pitfalls of the renewal procedure;
  • consideration of the interim rent scheme; and
  • an account of the discretionary and mandatory grounds of opposition.

This third edition has been fully updated to include changes to the 1954 Act brought about by the Covid Code, MEES, the RICS Code of Practice, the Pubs Code, the Telecommunications Code and the treatment of home businesses.

The book also examines new reported case law including:

  • Anixter v. Secretary of State for Transport (2020) (the relationship between the contractual and continuation tenancy);
  • Vodafone Limited v. Hanover Capital Limited (2021) (the interaction between the Act and the Telecommunications Code; and s.34 rental valuation);
  • Kent v. Guest (2021)(contracting out and s.30(1)(f); and
  • TFS Stores Ltd v. The Designer Retail Outlet Centres (2020) (agents and contracting out).

A variety of equally up to date and unreported cases are also analysed including:

  • WH Smith Retail Holdings Ltd v. Commerz Real Investmentgesellschaft MBH (2021)(rent suspension clause and the pandemic);
  • Zash Properties Ltd v. Mayworth Ltd (2020) (effect of residential conversion); and
  • the county court return of S Franses Ltd v. The Cavendish Hotel (London) Ltd (2021)(interim rent and new terms).

Further commentary embraces additional developments brought about by case law since the last edition in 2013.


Reviews

Whilst offering concise, practical insights, this book does not sacrifice depth of analysis…(It) is an excellent resource for any practitioner navigating a client’s business tenancy renewal and I highly recommend it.

Alice Hawker, Wilberforce Chambers

Haley explains the complexities of the 1954 act in a very clear and accessible way, while still addressing and dealing with all the tricky points that arise in practice, such as service of notices, dealing with interim rent and the grounds of opposition. This is a very useful guide for anyone advising on business lease renewals.

Danielle Drummond-Brassington, Partner at CMS Cameron McKenna Nabarro Olswang LLP

Contents

  1. 1. Past, present and beyond; 2. The Statutory Scheme and Contractual Ties; 3. Scope of the act; 4. Landlord’s s.25 notice; 5. Tenant’s rights: requesting a new tenancy and compensation; 6. Applications to court; 7. Interim rent; 8. Opposition: Illegality and the discretionary grounds; 9. Mandatory grounds of opposition; 10. New lease.

About the Author

Michael Haley is a solicitor and Professor of Property Law at Keele University, where he teaches land law, equity and trusts and business leases. Michael is a regular contributor of articles in the legal press and has written extensively on the Landlord and Tenant Act 1954.

£95.00

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Category

Property and conveyancing

Published

February 2022

Publisher

The Law Society

ISBN

9781784461881

Format

Paperback
368 Pages