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Business Premises: Possession and Lease Renewal

Business Premises: Possession and Lease Renewal
7th Edition
Series:  Practitioner Series
Practice Area:  Landlord & Tenant
ISBN:  9780414109872
Published by:  Sweet & Maxwell
Publication Date:  25 Oct 2023
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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PRODUCT DESCRIPTION

Business Premises: Possession and Lease Renewal provides clear explanation and detailed commentary on how a landlord or lessor can obtain possession of business premises, and how a tenant can oppose such action or renew the lease. Written from the litigator’s point of view, this guide covers a comprehensive range of areas including termination, non-payment of rent, licenses, forfeiture, proceedings for possession and applications for new tenancies.

Key features:

  • Clear explanation and detailed commentary on how a landlord or lessor can obtain possession of business premises and how a tenant can oppose such action or renew the lease
  • Takes the practitioner step-by-step through the process, with guidelines on correct procedures to adopt, evidence required, and orders the court may make
  • Fully updated with key case law developments since the last edition and how they impact process and procedure
  • Reproduces specimens of essential forms, letters, draft pleadings, notices and affidavits and directly refers to them throughout

New to this edition:

  • Greater clarity over the contracting out provisions
  • Supreme Court guidance on the test for intention in cases under s30(1)(f)
  • Cases on tenancies at will, effectiveness of heads of terms in creating new leases, signatures on emails, forfeiture, notices, redevelopment clauses.
  • Revised chapter on Electronic Communications Code to take on board a number of developments

Gary Webber is a former practising barrister who now practises full time as a mediator specialising in property disputes. He is an associate member of Tanfield Chambers and for nearly 20 years sat as a Deputy District Judge. Daniel Dovar is a barrister at Tanfield Chambers specialising in real property and leasehold law with an emphasis on landlord and tenant issues. He is a co-editor on the Landlord and Tenant Review and co-wrote Residential Possession Proceedings with Gary Webber

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CONTENTS

PART 1: INTRODUCTION
1 THE BUSINESS TENANCY CODE
2 DOES PART II OF THE 1954 ACT APPLY?
3 CONTRACTING OUT OF THE 1954 ACT
4 POSSESSION WITHOUT A LEASE
5 ASSIGNMENT OF THE LANDLORD’S INTEREST
6 LICENCES OF BUSINESS PREMISES

PART 2: TERMINATION ON DEFAULT BY THE TENANT
7 FORFEITURE: GENERAL RULES
8 NON-PAYMENT OF RENT
9 FORFEITURE: OTHER COVENANTS (GENERAL)
10 ASSIGNMENT, SUBLETTING AND PARTING WITH POSSESSION
11 FORFEITURE: REPAIRS
12 RELIEF FROM FORFEITURE
13 CLAIMS AGAINST THIRD PARTIES

PART 3: TERMINATION BY NOTICE
14 LANDLORD’S NOTICES TO TERMINATE
15 TENANT’S NOTICES TO TERMINATE OR RENEW
16 OBTAINING INFORMATION
17 LANDLORD’S GROUNDS

PART 4: OTHER CASES OF TERMINATION
18 EXPIRY OF FIXED TERM
19 SURRENDER, MERGER, FRUSTRATION AND REPUDIATION
20 DISCLAIMER
21 DISSOLVED AND STRUCK-OFF COMPANIES AND DEATH

PART 5: PROCEEDINGS FOR POSSESSION
22 LANDLORD’S APPLICATION TO TERMINATE CONTINUATION TENANCY
23 POSSESSION CLAIMS AND PEACEABLE RE-ENTRY

PART 6: APPLICATION FOR A NEW TENANCY
24 APPLICATIONS FOR RENEWAL: LANDLORD OR TENANT
25 INTERIM RENT
26 NEW TENANCY ORDERED
27 REFUSAL TO ORDER A NEW TENANCY
28 TELECOMMUNICATIONS APPARATUS

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