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Opposing a commercial lease renewal under the 1954 Act

This is the last in the series of articles on the Landlord and Tenant Act 1954 and the grounds upon which a landlord can oppose a renewal under that Act.  This article looks at the ground in section 30(1)(g), known colloquially as owner occupation.  The ground is as follows:

“On the termination of the current tenancy the landlord intends to occupy the holding for the purposes or partly for the purposes of the business to be carried on by him therein or as his residence”.

The section gives rise to three tests:

  • Who will be in occupation?
  • How much of the holding will be occupied?
  • Will that occupation be as a business or residence?

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