ABSTRACT

This chapter considers the rules specifically relating to business tenancies. Business tenants enjoy additional statutory protection under Part II of the Landlord and Tenant Act 1954 and the Landlord and Tenant Act 1927. The Small Business, Enterprise and Employment Act 2015 allow residential tenants to run a home business without the tenancy obtaining the protection of Part II of the Landlord and Tenant Act 1954. Many of the provisions of the LTA 1954, including the right to renew, apply to 'the holding'. The holding does not generally include any part of the property which is sublet to a subtenant unrelated to the tenant's business, and it does not extend to any parts of the property which are not occupied at all. Certain tenancies, including agricultural and mining leases, are specifically excluded from the 1954 Act as are tenancies for a duration not exceeding six months. Business tenants can claim compensation for improvements under the Landlord and Tenant Act 1927.