Under the 1954 Landlord and Tenant Act in England and Wales, a landlord can recover a property from a tenant on certain grounds. These grounds are outlined in Sections 25 and 30 of the Act. Here are the grounds that a landlord can rely on to recover a property:
1. Ground (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.
2. Ground (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.
3. Ground (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.
4. Ground (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.
5. Ground (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.
6. Ground (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.
7. Ground (g): 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.
It is important to note that the grounds for recovery of a property under the 1954 Landlord and Tenant Act are subject to specific requirements and procedures. Both landlords and tenants should seek legal advice from a solicitor specialising in landlord and tenant law to understand their rights and obligations under the Act and to navigate the process effectively.
If you are a landlord seeking to recover a protected business tenancy or a tenant who feels aggrieved at their landlord’s decision to do so then look no further than Alexander JLO to protect your interests. Our team of commercial property experts are on hand to advise and assist you. Why not give us a call on 020 7537 7000 or email firstname.lastname@example.org for to arrange a free, no obligation consultation and see what we can do for you?