ABSTRACT

Where the landlord has opposed the grant of a new tenancy under grounds (e), (f) and/or (g) of s 30(1) of the 1954 Act (together with other ground(s), if appropriate), the tenant will be entitled to compensation if the landlord successfully opposes only on grounds (e), (f) and/or (g) (s 37(1A) of the 1954 Act). Where the landlord has opposed on one or more of the nonfault grounds, eg, grounds (a), (b), (c), and (d), as well as grounds (e), (f) and/or (g), and has been successful under one of the non-fault grounds, the tenant must apply to the court for a certificate confirming that the landlord successfully opposed only on grounds (e), (f) and/or (g) and no other ground (s 37(4) of the 1954 Act). The tenant will then be entitled to compensation. This means that, where a landlord specifies a non-fault ground of opposition as well as a fault ground, the tenant will only be entitled to compensation if an application for a new tenancy is made and then followed through to judgment. A landlord may therefore decide to include one or more of the non-fault grounds in its grounds of opposition. Care must be taken to ensure that only those grounds are specified on which the landlord has a bona fide intention to rely; otherwise, the notice containing them will be invalid and unenforceable if they are false and made fraudulently by the landlord by reason of knowing them to be untrue or being