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Moving forward

Carol Holmes and Emma Slessenger review proposals for modernising the L&T Act 1954 and streamlining procedures

8 November 2002

Changes to the Landlord and Tenant Act 1954 expected to come into force in August 2003 are now before Parliament. Their intention is not to alter the basic principles of the 1954 Act, which have generally proved to be a fundamentally sound balance between the rights of landlord and tenant, but to modernise the detailed operation of the law and streamline procedures. They do not address the wider issues of the perceived need for increased flexibility in lease terms nor the Government’s hostility to upwards only rent reviews. Some of the changes are relatively minor and extremely detailed. This article considers those likely to have most impact on landlords, tenants and their advisers. Contracting out – now At present, if it has been agreed a tenant is not to have the benefit of the right to renew under the 1954 Act, it is usually necessary to apply to the court before the lease is granted. The order is almost invariably a rubber-stamp procedure, providing no sa...

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