Property Law: Business Tenancies

Paper Summary:

The paper focuses on the British Landlord and Tenant Act 1954 that gives traders and professional persons a general right to retain their business premises so long as they comply with their obligations as tenants. The paper examines the case of Marion and her massage business, John and his 'mail order business' and Sheriff and his photography business. The paper clarifies the legal rights of the tenants in light of the landlord's wish to terminate the tenancies and renovate the building.

From the Paper:

"The aim of the Landlord and Tenant Act 1954, Part II legislation, given by the Law Commission is to "give traders and professional persons a general right to retain their business premises so long as they comply with their obligations as tenants". Therefore, in order to ascertain whether the occupiers of Robin's flat may gain protection from the statute they must fulfil the relevant criteria stipulated in the act.
"The Law Commission also stipulates that "Landlords are not unreasonably prevented from regaining possession if they want the property for their own occupation of to redevelop it" which is relevant to Robin's intentions which may provide grounds for opposition against the tenants' potential claims."

Sample of Sources Used:

• Evans and Smith, The Law of Landlord & Tenant 6th edition
• Landlord and Tenant Act, 1954 Part II: Security of Tenure for Business, Professional, and other Tenants.

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