‘A Practical Guide to the Landlord and Tenant Act 1954: Commercial Tenancies – 2nd Edition’ by David Sawtell & Damian Falkowski

Description

The Landlord and Tenant Act 1954 is by far the most important piece of legislation affecting premises occupied for business purposes. A good understanding of the workings of the Act is vital for anyone advising landlords or tenants of business premises.

The authors of this guide are both experienced barristers with expertise in the field. Their aim has been to produce a comprehensive, one-stop-shop, practical guide to the 1954 Act and associated areas of practice covering (amongst other topics):

• When the Act applies
• How to contract out of the Act
• How claims for a new tenancy (or termination) are brought, together with detailed guidance as to the court procedures required by the Civil Procedure Rules
• Detailed practical guidance to all the grounds on which a landlord may seek to resist a claim for a new tenancy, with treatment of recent case law and
• Guidance as to the technical area of claims for an interim rent
• Notices under the Act and guidance in relation to service
• The terms of a new tenancy
• Claims for compensation for improvements under the Landlord and Tenant Act 1927
• Dilapidations
• Termination at common law

This book is likely to be an invaluable guide for solicitors, barristers or surveyors working in this area.

CHANGES SINCE THE FIRST EDITION

The text since the first edition has been reviewed and fully updated. The chapters on Ground F and Ground G have been revised to reflect the important Supreme Court decision in S Franses Ltd v Cavendish Hotel (London) Ltd [2018] UKSC 62. The chapter on contracting out of the provisions of sections 24 to 28 of the Landlord and Tenant Act 1954 now includes a discussion of TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2021] EWCA Civ 688. The chapter on forfeiture has been significantly amended to include recent developments in the law, including the Court of Appeal decisions in Faiz v Burnley BC [2021] EWCA Civ 55 and Brar v Thirunavukkrasu [2019] EWCA Civ 2032. The decision in Fast Drinks Ltd v Cetyl International Group Inc [2016] EWHC 3501 (QB) on the validity of Section 26 notices has been incorporated. Throughout, the authors have included reference to recent High Court and other first instance or appellate decisions since the first edition, as well as revising and clarifying other parts of the text to reflect the new authorship team.

ABOUT THE AUTHORS

David Sawtell is at 39 Essex Chambers. He was called to the Bar by Lincoln’s Inn in 2005. His practice combines property law, construction law and commercial work, both domestically and internationally. He undertook his BA and his MPhil at the University of Cambridge, and completed the MSc in Construction Law at King’s College, London. David is a Fellow of the Chartered Institute of Arbitrators. He is currently researching towards his PhD at the University of Cambridge.

Damian Falkowski is in independent practice as a barrister, having been called to the Bar by Gray’s Inn in 1994. He has been a Bencher of Gray’s Inn since 2008. Damian undertakes litigation and advisory work in all aspects of the law of real property. His commercial practice includes banking, charges and guarantees, consumer credit, financial regulation, trading platforms and blockchain.

CONTENTS

Chapter One – Introduction
Chapter Two – Tenancies Which Are Protected by the LTA 1954
Chapter Three – Contracting Out of the LTA 1954
Chapter Four – Service of Notices and Obtaining Necessary Information
Chapter Five – Security of Tenure Under the LTA 1954
Chapter Six – Forfeiture of a Tenancy Under the LTA 1954
Chapter Seven – Other Methods of Termination: Disclaimer, Merger and Frustration
Chapter Eight – Tenant’s Application for a New Tenancy
Chapter Nine – Tenant’s Termination of a Tenancy
Chapter Ten – Landlord’s Notice to Terminate a Tenancy
Chapter Eleven – The Grounds of Opposition to The Grant of a New Lease to The Tenant
Chapter Twelve – Ground a – Tenant’s Disrepair
Chapter Thirteen – Ground B – Persistent Delay in Paying Rent
Chapter Fourteen – Ground C – Tenant’s Substantial Breaches
Chapter Fifteen – Ground D – Suitable Alternative Accommodation
Chapter Sixteen – Ground E – Subletting
Chapter Seventeen – Ground F – Landlord Intends to Demolish or Reconstruct the Premises
Chapter Eighteen – Ground G – Landlord Intends to Occupy the Holding
Chapter Nineteen – Compensation for No-Fault Termination
Chapter Twenty – Interim Continuation and Interim Rent
Chapter Twenty-One – Deciding the Terms of the New Tenancy
Chapter Twenty-Two – Compensation for Improvements Under the Landlord and Tenant Act 1927 and Dilapidations
Chapter Twenty-Three – Court Procedure
Chapter Twenty-Four – Conclusion: The Future of the LTA 1954
Appendix – Notices Under the Landlord and Tenant Act 1954