Law Commission consultation on business tenancies: modernising security of tenure

We invite consultees’ views on whether the principle established in Graysim Holdings Ltd v P&O Property Holdings Ltd (concerning the need for a tenant to be “in occupation” for business purposes) causes difficulties in practice that should be addressed through reform. We invite consultees to provide evidence wherever possible of the type of problem experienced and its impact.

We invite the views of consultees (together with evidence wherever possible) as to whether the 1954 Act makes adequate provision for a landlord to obtain vacant possession where it is planning to undertake large-scale and/or complex redevelopment projects.

If consultees believe the 1954 Act makes inadequate provision for such developments, they are invited to give views about what amendments to the 1954 Act are necessary.

We invite the views of consultees (together with evidence wherever possible) as to the extent to which the co-existence of the MEES Regime and the statutory security of tenure regime under the 1954 Act creates problems in practice.

We invite the views of consultees (together with evidence wherever possible) as to whether there are measures that could address these issues without fundamentally affecting the balance between the rights and obligations of landlords and tenants established under each of those regimes.

Consultees are invited to tell us if there are other reforms to the 1954 Act that we should consider. Consultees are asked to explain the issue; provide a description, and any evidence, of the impact of the problem; and provide any suggestions as to how the law should be reformed.

We invite consultees to tell us about any particular considerations or experiences in Wales, which consultees think are relevant to potential reform to the 1954 Act.

Specifically considering protected tenancies that exist at the time that our recommended reforms are implemented, we invite the views of consultees as to what transitional arrangements would be required in respect of the options and provisional proposals for reform set out in this Consultation Paper.

We invite the views of consultees, together with evidence where possible, as to what financial and other impacts our provisional proposals to amend the 1954 Act will have on:

1. landlords, tenants and their advisers; and/or
2. the commercial leasehold market.

We invite consultees to tell us if they believe, or have evidence or data to suggest, that changes to the 1954 Act that are being considered in this Consultation Paper could result in advantages or disadvantages to certain groups or to individuals based on certain characteristics (with particular attention to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation).