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by David Sawtell (Author), Damian Falkowski (Author)
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.
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