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Renewal of Business Tenancies, 3rd edition

Renewal of Business Tenancies, 3rd edition

Author: Michael Haley
Publisher: Law Society Publishing
ISBN: 9781784461881

Previous Edition ISBN: 9781907698415
Published In: February 2022
Format: Paperback , 400 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,495.00

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Description
Contents
Author

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The renewal of business tenancies is subject to compliance with strict legal requirements including technical statutory procedures, time-limits, and the service of prescribed notices and forms. Accordingly, the operation of the renewal provisions is heavily dependent upon the right person doing the right thing at the right time.

In this book, Michael Haley unravels the complexity of the legal requirements with:

the background to and policy and catchment of the 1954 Act
an explanation of the provisions for contracting out
a clear statement of the rights and obligations of the parties
guidance on the intricacies and pitfalls of the renewal procedure
consideration of the interim rent scheme, and
an account of the discretionary and mandatory grounds of opposition

This third edition has been fully updated to include changes to the 1954 Act brought about by the Covid Code, MEES, the RICS Code of Practice, the Pubs Code, the Telecommunications Code and the treatment of home businesses.

The book also examines new reported case law including:

Anixter v. Secretary of State for Transport (2020) (the relationship between the contractual and continuation tenancy);
Vodafone Limited v. Hanover Capital Limited (2021) (the interaction between the Act and the Telecommunications Code; and s.34 rental valuation)
Kent v. Guest (2021)(contracting out and s.30(1)(f), and
TFS Stores Ltd v. The Designer Retail Outlet Centres (2020) (agents and contracting out)

A variety of equally up to date and unreported cases are also analysed including:

WH Smith Retail Holdings Ltd v. Commerz Real Investmentgesellschaft MBH (2021)(rent suspension clause and the pandemic)
Zash Properties Ltd v. Mayworth Ltd (2020) (effect of residential conversion), and
the county court return of S Franses Ltd v. The Cavendish Hotel (London) Ltd (2021)(interim rent and new terms)

Further commentary embraces additional developments brought about by case law since the last edition in 2013.

1. Past and present;
2. Statutory scheme;
3. Scope of the Act;
4. Landlord's section 25 notice;
5. Tenant's rights: Requesting a new tenancy and compensation;
6. Applications to court;
7. Interim rent;
8. Discretionary grounds of opposition;
9. Mandatory grounds of opposition;
10. New lease
11. Appendix.

Michael Haley is a solicitor and professor of property law at Keele University, where he teaches land law and business leases. Michael is a regular contributor of articles in the legal press and his publications include Equity and Trusts Textbook, 3rd edition, Commercial Property: A practical guide to business leases, and the Statutory Regulation of Business Tenancies. He is also the digest editor of the Planning, Property and Compensation Reports.