Law Commission consultation on business tenancies: modernising security of tenure

We invite the views of consultees, together with evidence where possible, as to the scale of the problem caused by the registration gap solely in dealings with the 1954 Act (and not on a wider commercial leasehold basis).

We invite the views of consultees, together with evidence where possible, as to whether there are any other issues arising out of the registration gap in the context of the 1954 Act that we have not identified.

We invite the views of consultees, together with evidence where possible, as to whether it is desirable to amend the 1954 Act to deal with the registration gap issue bearing in mind that it will introduce inconsistency with other statutory, contractual and common law frameworks.

We have presented a range of options to deal with the issue of the registration gap, and the problems it creates, within the context of the 1954 Act. We invite the views of consultees as to which of the following options they prefer.

1. Option 1 – limited amendment to the definition of landlord and tenant in the 1954 Act during the registration gap (or other amendments to achieve the same effect). 
2. Option 2 – wider amendment to the definition of landlord and tenant in the 1954 Act during the registration gap (or other amendments to achieve the same effect). 
3. Option 3 – mandatory provision of information. 
4. Option 4 – retain the current law.
5. Option 5 – change is needed to the current law, but in a different way to the reforms described in Options 1-3. 

Please explain why.

We invite the views of consultees as to whether occupation by Government Bodies should be dealt with in the same way as occupation by group companies and beneficiaries under trusts. (In other words, to allow the occupation by one Government Body to constitute occupation of the tenant in circumstances where the tenant is a different Government Body.)

We invite the views of consultees as to whether there are other circumstances that are similar to those we have explained regarding occupation by Government Bodies, which consultees believe should be dealt with in the same way as occupation by group companies and beneficiaries under trusts. Please explain why, including any evidence of the scale of the problems being caused in practice.