ABSTRACT
Security of tenure is available under the 1954 Act only where the tenant occupies the premises for the purpose of a business. The expression ‘business’ includes a trade, profession or employment and any activity carried on by a body of persons whether corporate or unincorporated. A business tenant under the 1954 Act has a right to apply to the court for a new tenancy but only when the current tenancy has been terminated. The 1954 Act created unexpected problems for a landlord wishing to obtain possession for occupation by a business carried on by a company in which the landlord had a controlling interest and for tenants in partnership. Tenancies of certain premises which, at first sight, would appear to qualify, are excluded by the Act. ‘Tenancy’ means a tenancy created by a lease, underlease, agreement for a lease or an underlease or by a tenancy agreement unless expressly excluded by the Act.
