terminating a business tenancy by the landlord

<p>In order for a Landlord to terminate a business tenancy at the end of an existing Lease.  He is required to serve a notice in the prescribed form on the tenant. The notice to be serviced will depend on what the intentions of the landlord are. On the assumption that the security of tenure provisions provided by the Landlord and Tenant Act 1954 are not excluded by the provisions of Lease then the following applies:</p> <p>1)     If the Landlord agrees or wishes to grant a new Lease then the Notice under Section 25 of the Landlord and Tenant Act 1954 needs to be served wherein the Landlord specifies the date for the ending of the tenancy, which must not be less than 6 months from the date the Notice is served and the Notice must specify the Landlords proposed terms of the new Tenancy.  The Tenant may serve a notice at any time before the end of the Lease as specified in the notice by the Landlord to agree the terms or set out his account and proposals for his time.  If the Tenant does not agree a new Lease or does not make an application to the court for a new Lease by the date specified in the Landlords Notice as the date for termination of the Tenancy then the Landlord will be able to apply to the Court and obtain possession if the tenant has not vacated the premises by the specified date.</p> <p>2)     If the Landlord wishes to refuse a grant a new tenancy then he must serve a notice again setting out the date on which he terminates the tenancy (which must not be less than 6 months for the date of the given notice).  In the notice he must specify the grounds on which he opposes the grant of a new Tenancy to the tenant and that in the event that the tenant asks the Court to order a new Tenancy that he will oppose the application on those grounds and which are ones that are mentioned in Section 30(1) of the Landlord and Tenant Act 1954.  The grounds which can be specified are specified in the notice. There are several grounds mentioned, the usual grounds which a Landlord objects on are a) the tenant has failed to comply with the repair and maintenance provisions of the Lease, b) that the Tenant has been persistently late in paying the rent under the Lease, c) there are other substantial breaches by the tenant as specified in the Lease.  There are other grounds for refusal which are contained in Section 30 (1) of the Landlord and Tenant Act 1954. The Court will if the matter goes to Court out the Landlord to strict proof of the grounds on which he has stated that he refuses to grant the new Lease.</p> <p>In both cases if the tenant wishes for a new Lease then he will have to make an application to the Court prior to the end date specified in the Landlords Notice.</p> <p><b>NB</b>.  This is not meant to be a definitive guide and advise on the subject matter or the procedure and is intended only to be a general guide.  Each set of circumstances need separate consideration and you are advised to take specialist advice before acting on anything mentioned above to ensure that your particular circumstances are considered and catered for.</p> <p>We have a dedicated team of experts who are able to provide all necessary advice and assistance in this respect. please call (0116) 2999199 for a free consultation.</p> <p> </p>