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28 April 2023 / Julia Petrenko , Ashpen Rajah
Issue: 8022 / Categories: Features , Landlord&tenant , Property
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The Landlord & Tenant Act 1954: end of an era?

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With change finally on the horizon, Julia Petrenko & Ashpen Rajah outline the long overdue case for reforming the Landlord & Tenant Act 1954
  • The Landlord and Tenant Act 1954 (LTA 1954) was enacted some 70 years ago. Unsurprisingly, a lot has changed in that time.
  • On 23 March 2023, the Law Commission announced that it will review Part II, LTA 1954.
  • This article considers the role that Part II, LTA 1954 plays today, and the case for reform.

In short, Part II of the Landlord and Tenant Act 1954 (LTA 1954) confers security of tenure on business tenants. A business tenancy which falls within the scope of LTA 1954 will not determine by the effluxion of time. Rather, the tenancy will continue for so long as the tenant remains in occupation unless it is determined in accordance with LTA 1954 (or in accordance with the common law methods of determination, such as forfeiture, which are preserved by s 24(2)).

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
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