Advising an engineering sector client in connection with a Landlord & Tenant Act 1954 dispute

Alison Sparks recently advised an engineering sector client regarding a tenancy contracted out of the Landlord & Tenant Act 1954 (the “Act”).

The client had occupied premises for many years for the purpose of its business. Originally the client had a tenancy contracted out of the Act.

When that tenancy came to an end the client remained in occupation and the landlord renewed the tenancy agreement by written agreement on several occasions.

The landlord approached the client seeking to renew the tenancy on terms which were not acceptable to the client. Following Alison’s advice, the client successfully argued that it now has a tenancy protected by the Act and that the provisions in the Act regulating the terms of a new tenancy apply and furthermore the landlord was not entitled to seek possession of the premises without following the statutory procedures set out in the Act.