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ARTICLE · 17 OCTOBER 2023

How To Rent Guide 2023

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1954 Act opposed lease renewal – breach of covenant- material time – whether a tenant "ought not" to be granted a new lease.

United KingdomReal Estate and Construction

The 'how to rent guide' was updated 2 October 2023.

https://www.gov.uk/government/publications/how-to-rent

Gill v Lees News Ltd[2023] EWCA Civ 1178

1954 Act opposed lease renewal – breach of covenant- material time – whether a tenant "ought not" to be granted a new lease.

The facts

The appellant landlord (T) appealed against the grant of a new tenancy to the respondent tenant (T) pursuant to the Landlord and Tenant Act 1954 Pt II.

In 2018, T made a request for new tenancies under s.26 of the Act. L served counter-notices opposing the grant relying on grounds (a), (b) and (c) on the basis that T had failed to comply with its obligations to keep the premises in a state of repair, had persistently delayed paying rent and that it ought not to be granted new tenancies in view of other substantial breaches.

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