Landlord and Tenant Act 1954

[MilkTrayMan]

Hi All!

 

Does anyone know of a link that would allow me to view the WHOLE of the Landlord and Tenant Act 1954???

 

My situation is that I was recently in a Business Partnership.

I was getting ripped off left, right and centre by the other Partner.

Cos I was the minority shareholder, I was powerless to prevent it happening.

I therefore sought to limit the damage of any potential future liabilities, by allowing them to buy me out for a small pittance of what my shareholding should really be worth.

 

As part of the deal to enable me to be bought out amicably, I have had to agree to making the Business viable/tradeable/saleable, before I am to receive anything or the Business Partnership is formally dissolved.

 

The other Business Partner originally signed a Monthly Assured Shorthold Tennancy Agreement for the Business Premises (...self-contained lock-up shop).

They also signed a similar Private agreement for a Residential Property which was physically connected to the Business premises.

This they were legally evicted from last Summer/Autumn for Non-Payment of Rent.

 

The Landlord's Solicitors then issued a Notice to End a Business Tenancy in accordance to s25 of the Landlord and Tenant 1954.

They gave 6 months notice (...which is up @ the end of March '07).

That would be that U'd think.

 

HOWEVER...

 

The solicitor's have stated the Residential Property's address on the Notice, NOT the Business's address.

Even though the address is similar, it is quite distinct.

In my view an "A" after the property number is extremely important.

Both the Property Management Agents and Local Borough Council (...when referring to levied Business Rates) have previously corresponded using the "A" for the Business Property.

 

I have recently wrote back to the Landlord's solicitors informing them of their Faux Pas and have cited to them Montgomery v Sabella Ltd [1998] 09 EG 153 (CA) to highlight to them the fact that their Notice is invalid.

 

The reason that they have given for Ending the Business Tenancy is for Non-Payment of Rent.

They are wrong about this as well.

Last Sept '06 the other Business Partner sent the Property Management Agents a Banker's Draft for a sum of monies which would pay the Business Property rent until Autumn '07.

 

The PMA's acknowledged receipt, but have off-set the monies paid, against the outstanding debt on the Residential Property that the other Business Partner personally owed the same Landlord.

The other Business Partner was most explicit on which account the Banker's Draft monies was to be Credited against, in the covering letter that accompanied the Payment.

 

I informed both the Landlord's solicitors and the PMA of this discrepancy and have sought conformation of their accounting redress within 14 days.

 

I have also given 14 days notice of an intention to seek a NEW Business Tenancy Agreement in pursuant of s26 of the Landlord and Tenant Act 1954.

 

The 14 days I have given them is up tomorrow.

I still haven't heard anything, despite sending my letters to them both via Recorded Delivery and having it confimed by Royal Mail that my letters were signed for!

 

The link I have requested...and any other advice would be most welcome!

[freakyleaky]

Bump!

[MrShed]

This should do the trick:

 

http://www.opsi.gov.uk/acts/acts1954/pdf/ukpga_19540056_en.pdf

[Aequitas]

Too late for advice, but a word about notices.

 

 

S.66 (4) of the Landlord and Tenant Act 1954 says:

 

 

Section twenty-three of the Landlord and Tenant Act 1927 (which relates to the service of notices) shall apply for the purposes of this Act.

 

 

S 23 (1) of that Act says:

 

 

Any notice, request, demand or other instrument under this Act shall be in writing and may be served on the person on whom it is to be served either personally, or by leaving it for him at his last known place of abode in England or Wales, or by sending it through the post in a registered letter addressed to him there, or, in the case of a local or public authority or a statutory or a public utility company, to the secretary or other proper officer at the principal office of such authority or company, and in the case of a notice to a landlord, the person on whom it is to be served shall include any agent of the landlord duly authorised in that behalf

 

 

The important word here is “may”. It means that the provisions are permissive; if you serve notice in accordance with the provisions then there is a valid service. However, other methods of service are not ruled out. The thing about notices is that, unless there is a provision to the contrary in the statute or contract, they are served if you actually receive them. So, if you receive an incorrectly addressed notice and then write to the person who served it complaining that it is invalid on that account, you are effectively confirming receipt of the notice – you would not know that it was incorrectly addressed unless you had received it.