The tenant was no longer in occupation of the demised premises when he served a s27 notice.
Held: A business tenancy ceases at end of the lease, if the premises are not actually occupied by the tenant despite any notices given. The occupation was required for a tenancy to continue under s24(1). S 27(2) was looking to the point in time when the notice took effect. At that point in time the tenancy had to be one which was ‘continuing by virtue of section 24 of the Act’ S24(1) applies only to tenancies ‘to which Part II of the 1954 Act applies’.
Judges:
Morritt LJ, Sir John May, Stuar-Smith LJ
Citations:
Gazette 27-Nov-1996, Times 14-Nov-1996, [1996] EWCA Civ 911, [1997] 02 EG 124, [1997] 1 WLR 891
Links:
Statutes:
Landlord and Tenant Act 1954 27
Jurisdiction:
England and Wales
Citing:
Cited – Cheryl Investments v Saldanha CA 1978
Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business.
Held: The Act will apply so long as the business activity is a significant purpose of . .
per incuriam – Longacre Securities Ltd v Electro Acoustic Industries Ltd CA 1990
The term was to expire on 25 March 1988. The landlord served a section 25(1) notice to determine the tenancy on 1 March 1989 to which the tenants responded with a notice under section 27(2) to determine the tenancy on 24 June 1988. In fact the . .
Cited – Cornish v Brook Green Laundry Ltd CA 1959
. .
Cited – I and H Caplan Limited v Caplan No. 2 ChD 1963
For some months whilst the tenants’ right to a new tenancy was being litigated they had ceased trading and had vacated the premises. They then succeeded before the Court of Appeal and started trading from the premises afresh. Their protection under . .
Cited – Green v Bowes-Lyon HL 1963
Mrs Green had a tenancy of the ground floor and basement expiring on 1st April 1959. She occupied the basement for her business. Mrs Green sublet the ground floor to Mrs Bowes-Lyon, which she occupied for the purposes of her business, for a term due . .
Cited – Green v Bowes-Lyon CA 1961
Mrs Green had a tenancy of the ground floor and basement of the property in question expiring on 1st April 1959. She occupied the basement for the purposes of her business. Mrs Green sublet the ground floor to Mrs Bowes-Lyon, which she occupied for . .
Cited – Hancock and Willis v GMS Syndicate Limited CA 1983
The solicitor tenants moved to larger premises and for six months licensed the subject premises to others save for the wine cellar and save that they reserved to themselves the right to use the dining area twice a month.
Held: The thread of . .
Cited – Morrison’s Holdings Limited v Manders Limited CA 1976
The tenants had to cease trading after a fire next door. They asked the landlords to reinstate and said they wished then to resume trading. Following the landlord’s demolition and reconstruction of the premises the tenants sought a new tenancy.
Cited by:
Applied – Surrey County Council v Single Horse Properties Ltd CA 26-Mar-2002
The tenant had received the landlord’s notice regarding renewal of the tenancy, and replied requesting a new tenancy, and later applied to the court. Before the end of the contractual term, the tenant vacated the property. The landlord claimed for . .
Cited – Desnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 03 November 2022; Ref: scu.140778
