Avoiding Part II of the Landlord and Tenant Act 1954

Abstract

Based on a request by a local authority to advise it as to the means of avoiding Part II of the Landlord and Tenant Act 1954 and the effect of the methods it used, examines the various options for avoidance, the provisions of the Act, the relevant case law, and the traps which may beset landlords hoping to avoid the Act. Also examines how parties may inadvertently fall within the Act and how this can be avoided. Recommends appropriate means of avoidance according to circumstances, and indicates what avoidance devices are not safe to use. Aims to assist landlords and their agents who wish to grant commercial occupation rights outside the Act, and to tenants and their agents who wish to know the effect of the various avoidance measures.

Citation

Smith, R.E. (1996), "Avoiding Part II of the Landlord and Tenant Act 1954", Property Management, Vol. 14 No. 2, pp. 29-34. https://doi.org/10.1108/02637479610115521