application for security of tenure

• What does the element of security of tenure examine?

  When security of tenure applies and when it does not
• Which section of the Landlord and Tenant Act 1954 outlines when security of tenure provisions apply?

  Section 23(1)
• What type of tenancy does security of tenure provisions apply to?

  Any tenancy
• What is a fixed term tenancy?

  A tenancy that creates exclusive possession and a proprietary interest
• What rights does a tenant have under a fixed term tenancy?

  The tenant can use the property as if they were the owner
• What is a periodic tenancy?

  A tenancy that creates exclusive possession but can be ended by notice
• What is a licence in terms of property occupation?

  A personal permission to be on the land that is not a proprietary interest
• What is a tenancy at will?

  A personal permission similar to a licence but allows exclusive possession
• What happens if a tenant leaves the premises vacant?

  They are not entitled to claim security of tenure
• What occurs if a tenant underlets part of the premises?

  They will lose security of tenure over the whole or part of the premises
• How is "for the purposes of a business" defined by the Landlord and Tenant Act 1954?

  It includes any trade, profession, or employment
• Which examples have been held to be business purposes?

  A charity shop and a tennis club for members only
• Which examples have been held not to be business purposes?

  Sunday school sessions provided free of charge and a tenant taking a small number of lodgers without profit
• What types of tenancies are excluded from security of tenure according to Section 43?

  Agricultural tenancies, mining leases, service tenancies, and fixed term tenancies of six months or less
• What is a contracted out tenancy?

  A fixed term lease that parties agree to exclude from security of tenure provisions
• Why might landlords choose to contract out tenancies?

  To encourage long-term tenants and enhance the appeal of the premises
• What is the procedure for contracting out?


  A warning notice must be served, followed by a declaration from the tenant
• What happens if the contracting out procedure is not correctly followed?

  The lease will likely enjoy security of tenure
• What are the key requirements for security of tenure?

  • There must be a tenancy occupied by the tenant
  • The tenancy must be for the purposes of a business
  • Exclusions apply to certain types of tenancies
• What types of tenancies can benefit from security of tenure?

  • Fixed term leases
  • Periodic leases
• What types of tenancies cannot benefit from security of tenure?

  • Tenancy at will
  • Licence to occupy
• What are the requirements for contracting out fixed term tenancies?

  • A warning notice must be served
  • A declaration or statutory declaration must be provided
  • The procedure must be referred to in the lease