(i)what premises are comprised in the sub-tenancy; (ii)for what term it has effect (or, if it is terminable by notice, by what notice it can be terminated); (v)(to the best of his knowledge and belief) whether the sub-tenant is in occupation of the premises or of part of the premises comprised in the sub-tenancy and, if not, what is the sub-tenant’s address; (vi)whether an agreement is in force excluding in relation to the sub-tenancy the provisions of sections 24 to 28 of this Act; and, (vii)whether a notice has been given under section 25 or 26(6) of this Act, or a request has been made under section 26 of this Act, in relation to the sub-tenancy and, if so, details of the notice or request; and. . . any duty imposed by section 40 of this Act may be performed by giving the information either to the transferor or to the transferee. . Any form of notice required by this Act to be prescribed shall be prescribed by regulations made by the Lord Chancellor by statutory instrument. . 8 Pt. The provisions of the Second Schedule to this Act shall have effect as respects cases where the landlord or the tenant fails to carry out initial repairs, as to the cost of carrying out such repairs in certain cases and as to the making of a record, where required by the landlord or by the tenant, of the state of repair of the dwelling-house. Here we outline the machinery for the working of … . . ], (3)The provisions of the Sixth Schedule to this Act shall have effect for the application of this Part of this Act to cases where the immediate landlord of the tenant is not the owner of the fee simple in respect of the holding. . Under the 1954 Act as originally enacted, the landlord and tenant had to obtain a court order if they wished to contract out. 1(3), 22(1), (1). 1(3), 19(4), F88Words in s. 37(5) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. section 24(1) of this Act, or make an application under section 29(2) of this Act, are such of the following grounds as may be stated in the landlord’s notice under section 25 of this Act or, as the case may be, under subsection (6) of section 26 thereof, that is to say:—. (i)premises which are structurally adapted to be used, and are bona fide used, for a business which comprises one or both of the following, namely, the reception of guests and travellers desiring to sleep on the premises and the carrying on of a restaurant, being a business a substantial proportion of which consists of transactions other than the sale of intoxicating liquor; (ii)premises adapted to be used, and bona fide used, only for one or more of the following purposes, namely, for judicial or public administrative purposes, or as a theatre or place of public or private entertainment, or as public gardens or picture galleries, or for exhibitions, or for any similar purpose to which the holding of the licence is merely ancillary; (iii)premises adapted to be used, and bona fide used, as refreshment rooms at a railway station.]]. . Turning this feature on will show extra navigation options to go to these specific points in time. (a)(b) are omitted and words substituted, F166Words in s. 63(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. II (ss. . 2(b); S.I. 2003/3096), arts. (a)a transfer such as is mentioned in paragraph (a) of subsection (2) above has taken place; but. A “home business” is a business of a kind which might reasonably be carried on at home. (a)the court shall make a declaration to that effect, stating of which of the said grounds the court would have been satisfied as aforesaid and specifying the date determined by the court as aforesaid, but shall not make an order for the grant of a new tenancy; (b)if, within fourteen days after the making of the declaration, the tenant so requires the court shall make an order substituting the said date for the date specified in the said landlord’s notice or tenant’s request, and thereupon that notice or request shall have effect accordingly. 4, F98S. . 16 para. (4)Where, in a case falling within sub-paragraph (1) of this paragraph, the competent landlord satisfies the court—, (a)that the obligations under the tenancy which in relation to him is the immediate mesne tenancy differ from the obligations under the relevant tenancy, and. . the business is carried on (whether alone or in partnership with other persons) by one or some only of the joint tenants and no part of the property comprised in the tenancy is occupied, in right of the tenancy, for the purposes of a business carried on (whether alone or in partnership with other persons) by the other or others. A tenant’s request for a new tenancy shall be for a tenancy beginning with such date, not more than twelve nor less than six months after the making of the request, as may be specified therein: A tenant’s request for a new tenancy shall not have effect unless it is made by notice in the prescribed form given to the landlord and sets out the tenant’s proposals as to the property to be comprised in the new tenancy (being either the whole or part of the property comprised in the current tenancy), as to the rent to be payable under the new tenancy and as to the other terms of the new tenancy. . According to California law (CA Civil Code 1940-1954.05), under a lease, tenants have certain rights such as the right to a habitable dwelling, due process for evictions, and more.Landlords … . Any deduction made under paragraph 2A of Schedule 6 to the Local Government Finance Act 1988 (deduction from valuation of hereditaments used for breeding horses. ) 2E+WWhere it is determined by the court that a payment for accrued tenant’s repairs is to be payable otherwise than by instalments, the court may determine that any specified part of the payment shall become payable when any specified part of the relevant initial repairs has been completed. Where the landlord’s interest in the property comprised in a tenancy which, immediately before the commencement of this Act, was terminable by less than six months’ notice to quit given by the landlord belongs to or is held for the purposes of a Government Department or is held by statutory undertakers, the tenancy shall have effect as if that shorter length of notice were specified in such an agreement as is mentioned in subsection (2) or (3) of section fifty-eight of this Act, as the case may be, and the agreement were embodied in the tenancy. Provisions as to liabilities under tenants’ covenants in superior leases. 1(3), 8. . Where a notice has been served under the last foregoing sub-paragraph, then in default of agreement between the competent landlord and the mesne landlord on whom the notice was served the court may order the mesne landlord to pay such a contribution as aforesaid. 3 Pt. 2(1)(vii) and S.I. 2003/3096), art. 47(5), 51(2), 63(10) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 2003/3096) , arts. (1)Where by virtue of any provision of this Act a tenancy (in this subsection referred to as “the inferior tenancy”) is continued for a period such as to extend to or beyond the end of the term of a superior tenancy, the superior tenancy shall, for the purposes of this Act and of any other enactment and of any rule of law, be deemed so long as it subsists to be an interest in reversion expectant upon the termination of the inferior tenancy and, if there is no intermediate tenancy, to be the interest in reversion immediately expectant upon the termination thereof. 15 repealed by Rent Act 1968 (c. 23), Sch. 2007/961), art. 1995/2963, art. (8)In this and the next following section the expression “Government department” does not include [F143the Crown Estate Commissioners] and the expression “landlord” has the same meaning as in Part II of this Act; and in the last foregoing subsection the expression “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty. 7, F145Words in s. 58(1)(a) inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. F195, (e)that premises comprised in the tenancy, and consisting of or including the relevant premises, are reasonably required by the landlord for occupation [F196as a residence for—. 6 para. The text of s. 63(10) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. . 2 Pt. . if the term date of the relevant tenancy has not passed, the superior tenancy shall be so treated unless it is due to expire at a time earlier than five years after the term date or can be brought to an end at such a time by notice to quit given by the landlord; if the term date of the relevant tenancy has passed, the superior tenancy shall be so treated unless it is due to expire within five years or can be brought to an end within five years by notice to quit given by the landlord. At any time before, but not more than twelve months before, the term date application may be made to the court as respects any long tenancy. F17, (2)A landlord’s notice proposing a statutory tenancy and anything done in pursuance thereof shall cease to have effect if by the beginning of the period of two months ending with the date of termination specified in the notice any of the following matters, that is to say,—. 11(1)Where subsection (1) of section ten of this Act applies, any terms to which this paragraph applies shall cease to have effect in so far as they relate to the premises constituting the dwelling-house, and any liability of the competent landlord or any mesne landlord or of any predecessor in title of the competent landlord or of any mesne landlord, under any such terms, in so far as it related to those premises and was a liability subsisting at the termination of the relevant tenancy, shall be deemed to have been extinguished on the termination of that tenancy.E+W. . whether the tenant occupies the premises or any part of them wholly or partly for the purposes of a business carried on by him; whether his tenancy has effect subject to any sub-tenancy on which his tenancy is immediately expectant and, if so—. 2(d). 29B inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. … 2003/3096), arts. Where under Part I of this Act the competent landlord is required by an agreement, or by a determination of the court, to carry out initial repairs to any premises, he may serve on any mesne landlord a notice requiring him to pay to the competent landlord a contribution towards the cost reasonably incurred by the competent landlord in carrying out those repairs, if and in so far as that cost is not recovered by way of payment for accrued tenant’s repairs and is not recoverable (apart from this sub-paragraph) otherwise than by way of such payment. . . 9 para. the court shall order that the tenant shall, on the termination of the tenancy, give up possession of all the property then comprised in the tenancy. 23 para. Failure of competent landlord to carry out initial repairs. 8 Pt. . . 99, 100, Sch. (b)that after the giving of such a notice containing such a copy, the tenancy shall not be one to which Part II of this Act applies. 2017/1179, reg. 19, F182Words in s. 69(1) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. If, under a tenancy, a dwelling-house is let together with other land, then, for the purposes of this section—, if the main purpose of the letting is the provision of a home for the tenant, the other land is to be treated as part of the dwelling-house, and. In this section and section 24D of this Act “the relevant tenancy” has the same meaning as in section 24A of this Act. 17 paras. 2009/1307), Local Government, Planning and Land Act 1980 (c. 65), Agricultural Holdings Act 1986 (c. 5, SIF 2:3), The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2015/1710, reg. . . 4. . ], F43 S. 24 substituted by virtue of Law of Property Act 1969 (c. 59) , s. 15 , Sch. 4E+WWhere, by virtue of an agreement or of a determination of the court, the tenant is required to carry out initial repairs to the dwelling-house, failure by the tenant to carry out the repairs within a reasonable time in accordance with the agreement or determination shall be treated as a breach of the obligations of the tenancy for the purposes of [F191Case 1 in [F192Schedule 15] to the Rent Act] (which relates to recovery of possession where the rent has not been paid or any other obligation of the tenancy has not been performed). 4 excluded by Leasehold Reform Act 1967 (c. 88), ss. Geographical Extent: 1; S.I. . . 1(3), Sch. 2003/3096), arts. References in this Part of this Act to an election by the tenant to retain possession are references to his notifying the landlord, in accordance with subsection (4) of this section, that he will not be willing to give up possession. 1(3) , Sch. 16, F39Words substituted by Rent Act 1968 (c. 23), Sch. 1(d) repealed Leasehold Reform Act 1967 (c. 88), Sch. F186Words repealed by Leasehold Reform Act 1967 (c. 88), Sch. “tenancy at a low rent” has the meaning assigned to it by subsection (5) of section two of this Act; “term date” has the meaning assigned to it by subsection (6) of section two of this Act. 63(2) extended by S.I. 2003/3096), art. 6, F46S. 1 Pt. 24(2), 25(4)); S.I. In the case of any other tenancy, a notice under this section shall not specify a date of termination earlier than the date on which apart from this Part of this Act the tenancy would have come to an end by effuxion of time. 4. Notwithstanding anything in subsection (2) of section three, where by virtue of subsection (1) of that section the tenancy is continued after the term date thereof the provisions of Part I as to the termination of a tenancy by notice shall have effect in substitution for and not in addition to any such provisions included in the terms on which the tenancy had effect before the term date thereof. 5 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. . [F80(1)Subject to the provisions of this Act, in a case specified in subsection (1A), (1B) or (1C) below (a “compensation case”) the tenant shall be entitled on quitting the holding to recover from the landlord by way of compensation an amount determined in accordance with this section. . For the purposes of subsection (2) of this section the rateable value of the holding shall be determined as follows:—. 30), F14S. The landlord must serve a notice on the tenant, stating which of the seven grounds of opposition they wish to rely upon to oppose a new tenancy. 2 Pt. . ( 2 )The landlord shall not be entitled to oppose an application[F64under section 24(1) of this Act, or make an application under section 29(2) of this Act,] on the ground specified in paragraph (g) of the last foregoing subsection if the interest of the landlord, or an interest which has merged in that interest and but for the merger would be the interest of the landlord, was purchased or created after the beginning of the period of five years which ends with the termination of the current tenancy, and at all times since the purchase or creation thereof the holding has been comprised in a tenancy or successive tenancies of the description specified in subsection (1) of section 23 of this Act. 1(b), 2(2); 2006 No. if it is made after the end of the statutory period. . certifies that it is necessary or expedient, for the purpose of providing employment appropriate to the needs of the area in which the premises are situated, that the use or occupation of the property should be changed, paragraphs (a) and (b) of section 58(1) above shall apply as they apply where such a certificate is given as is mentioned in that subsection. . . (a)where under the current tenancy the tenant has any obligations as respects the repair and maintenance of the holding, that the tenant ought not to be granted a new tenancy in view of the state of repair of the holding, being a state resulting from the tenant’s failure to comply with the said obligations; (b)that the tenant ought not to be granted a new tenancy in view of his persistent delay in paying rent which has become due; (c)that the tenant ought not to be granted a new tenancy in view of other substantial breaches by him of his obligations under the current tenancy, or for any other reason connected with the tenant’s use or management of the holding; (d)that the landlord has offered and is willing to provide or secure the provision of alternative accommodation for the tenant, that the terms on which the alternative accommodation is available are reasonable having regard to the terms of the current tenancy and to all other relevant circumstances, and that the accommodation and the time at which it will be available are suitable for the tenant’s requirements (including the requirement to preserve goodwill) having regard to the nature and class of his business and to the situation and extent of, and facilities afforded by, the holding; (e)where the current tenancy was created by the sub-letting of part only of the property comprised in a superior tenancy and the landlord is the owner of an interest in reversion expectant on the termination of that superior tenancy, that the aggregate of the rents reasonably obtainable on separate lettings of the holding and the remainder of that property would be substantially less than the rent reasonably obtainable on a letting of that property as a whole, that on the termination of the current tenancy the landlord requires possession of the holding for the purpose of letting or otherwise disposing of the said property as a whole, and that in view thereof the tenant ought not to be granted a new tenancy; (f)that on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised in the holding or a substantial part of those premises or to carry out substantial work of construction on the holding or part thereof and that he could not reasonably do so without obtaining possession of the holding; (g)subject as hereinafter provided, that on the termination of the current tenancy the landlord intends to occupy the holding for the purposes, or partly for the purposes, of a business to be carried on by him therein, or as his residence. 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