OBTAINING POSSESSION OF REAL ESTATE, Zdravka Dzhandarmova, Peter Dzhandarmov
2019-03-09 | T+ | T- |

The premises have previously been let to two tenants doing business on the premises, so they are covered by the 1954 Landlord and Tenant Act, Part II on Security of Tenure for Business, Professional and other Tenants. Tenant the First holds a 25-year lease let in 1994; it is 2 years away from expiry in 2019. Tenant the Second holds a 10-year lease let in 2009; it is likewise 2 years away from expiry in 2019. Full possession of the premises is not possible before 2019.

In relation to both tenants, but especially the First who has not vacated, the court in Adams v Green [1978] 2 EGLR 46 held that it is no part of the policy of the 1954 Act to give security of tenure to a business tenant at the expense of preventing redevelopment.

References

Card, Richard, John Murdoch and Sandi Murdoch. (2011). Real Estate Management Law. Seventh Edition. Oxford: Oxford University Press.

Lethbridge, Alexandra and Rachel Day. (19 April 2014). Compensating Business Tenants. Estates Gazette. London: Bristows LLP. Available at https://www.bristows.com/assets/pdf/Compensating%20Business%20Tenants.pdf

Martin, John. (7 November 2005). Business Tenancies: What Room for Tactics Now? Property Law Journal No. 159. London: Legalease Ltd. Available at https://www.pinsentmasons.com/mediafiles/1852677485.pdf

Nye, Louisa. (September 2015). Demolishing and Reconstructing Ground (f). London: Landmark Chambers. Available at http://www.landmarkchambers.co.uk/userfiles/News%20Items/Demolishing%20and%20Reconstructing%20Ground%20(f)%20-%20LN%201%20Oct%202015.pdf

Taylor&Francis Group. The Income Approach to Property Valuation (Chapter 9) https://www-taylorfrancis-com.ezproxy.westminster.ac.uk/books/9781136346071

Contacts:

Assoc. prof. Zdravka Djandarmova, PhD

Trakia University – Stara Zagora, Faculty of Technics and Technologies

8600, Yambol, Bulgaria, 38, Graf Ignatiev Str.

Peter Dimitrov Djandarmov, PhD

University of Westminster, London, United Kingdom