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Business Premises: Possession and Lease Renewal 7th ed


ISBN13: 9780414109872
Previous Edition ISBN: 9780414069626
Published: October 2023
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £165.00



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Business Premises: Possession and Lease Renewal provides clear explanation and detailed commentary on how a landlord or lessor can obtain possession of business premises, and how a tenant can oppose such action or renew the lease. Written from the litigator’s point of view, this guide covers a comprehensive range of areas including termination, non-payment of rent, licenses, forfeiture, proceedings for possession and applications for new tenancies.

Key features:

  • Clear explanation and detailed commentary on how a landlord or lessor can obtain possession of business premises and how a tenant can oppose such action or renew the lease
  • Takes the practitioner step-by-step through the process, with guidelines on correct procedures to adopt, evidence required, and orders the court may make
  • Fully updated with key case law developments since the last edition and how they impact process and procedure
  • Reproduces specimens of essential forms, letters, draft pleadings, notices and affidavits and directly refers to them throughout

Gary Webber is a former practising barrister who now practises full time as a mediator specialising in property disputes. He is an associate member of Tanfield Chambers and for nearly 20 years sat as a Deputy District Judge. Daniel Dovar is a barrister at Tanfield Chambers specialising in real property and leasehold law with an emphasis on landlord and tenant issues. He is a co-editor on the Landlord and Tenant Review and co-wrote Residential Possession Proceedings with Gary Webber

Subjects:
Landlord and Tenant Law, Commercial Property
Contents:
Part 1: Introduction
1. The business tenancy code
2. Does part II of the 1954 act apply?
3. Contracting out of the 1954 act
4. Possession without a lease
5. Assignment of the landlord’s interest
6. Licences of business premises

Part 2: Termination on default by the tenant
7. Forfeiture: general rules
8. Non-payment of rent
9. Forfeiture: other covenants (general)
10. Assignment, subletting and parting with possession
11. Forfeiture: repairs
12. Relief from forfeiture
13. Claims against third parties

Part 3: Termination by notice
14. Landlord’s notices to terminate
15. Tenant’s notices to terminate or renew
16. Obtaining information
17. Landlord’s grounds

Part 4: Other cases of termination
18. Expiry of fixed term
19. Surrender, merger, frustration and repudiation
20. Disclaimer
21. Dissolved and struck-off companies and death

Part 5: Proceedings for possession
22. Landlord’s application to terminate continuation tenancy
23. Possession claims and peaceable re-entry

Part 6: Application for a new tenancy
24. Applications for renewal: landlord or tenant
25. Interim rent
26. New tenancy ordered
27. Refusal to order a new tenancy
28. Telecommunications apparatus