Should I stay or should I go?


If a landlord of commercial premises to which the 1954 Act applies wants the property back he must first serve proper notice.

Author: Howard Tilney
Reading time: 2 minutes

This article is 8 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

This week we advised on a case involving a client running a workshop from rented premises who had received notice to quit from his landlord giving him just two weeks to vacate. Understandably alarmed the client posed a question that left ‘The Clash’ ringing in our ears?

The client had an unwritten weekly periodic commercial tenancy and had been a model tenant so in the absence of any valid exclusion it seemed likely that the client/tenant enjoyed protection under the Landlord & Tenant Act 1954 Part II.

If a landlord of commercial premises to which the 1954 Act applies wants the property back he must first serve proper notice. He must then prove one of the grounds set out in the Act. These may be divided into two types: those where the tenant is at fault and those where he is not. As to the latter, the landlord simply wanting to sell the property is not a valid ground. The grounds are set out in section 30 of the Act.

This meant that the client did not have to accept the landlords demands and could refuse to leave. The landlord could not lawfully force the client out or change the locks.

Of course anything can be achieved by agreement so the client could negotiate a suitable deal to leave. He might also be entitled to compensation calculated according to the rateable value of the premises and the length of his occupancy.

Howard Tilney

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.