Part 2

Compulsory purchase etc
CHAPTER 1

Temporary possession of land

Impact of temporary possession on tenancies etc
28
1
Subsection (2) applies where an acquiring authority takes temporary possession under section 18(2) of land subject to a tenancy.
2
A person is not to be treated as being in breach of—
a
any term of the tenancy, or
b
any other obligation associated with the tenancy or the land subject to temporary possession,
to the extent that the person cannot reasonably comply with the term or other obligation as a result of the temporary possession.
3
Subsection (2) does not affect terms or obligations about—
a
the length of the tenancy, or
b
the payment of rent.
4
Subsection (5) applies where—
a
an acquiring authority takes temporary possession of land subject to a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business tenants) applies immediately before the period of temporary possession,
b
the tenancy expires during the period of temporary possession, and
c
prior to the period of temporary possession the tenant notifies in writing both the acquiring authority and the landlord that the tenant intends to resume occupation of the land after the period of temporary possession.
5
For the purposes of Part 2 of the Landlord and Tenant Act 1954 the tenant is to be deemed to continue to occupy the land in accordance with the tenancy mentioned in subsection (4)(b), and any tenancy which succeeds that tenancy, despite the period of temporary possession.
6
But if the tenant notifies in writing both the acquiring authority and the landlord that the tenant no longer intends to resume occupation of the land after the period of temporary possession subsection (5) ceases to apply.
7
In this section “tenancy” includes a sub-tenancy.
Pt. 2 Ch. 1 excluded (26.9.2018) by The Network Rail (Felixstowe Branch Line Improvements Level Crossings Closure) Order 2018 (S.I. 2018/937), arts. 1, 28
Pt. 2 Ch. 1 excluded (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), arts. 1, 26(12) (with arts. 6, 42)
Pt. 2 Ch. 1 excluded (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 27(13) (with arts. 7, 27(8))
Pt. 2 Ch. 1 excluded (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 26(12) (with arts. 7, 27(8))
Pt. 2 Ch. 1 excluded (W.) (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 51 (with arts. 15, 50, Sch. 11)
Pt. 2 Ch. 1 excluded (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 4(1) (with art. 51)