Landlord and Tenant Act 1954

[F1 24 Continuation of tenancies to which Part II applies and grant of new tenancies. E+W

( 1 ) A tenancy to which this Part of this Act applies shall not come to an end unless terminated in accordance with the provisions of this Part of this Act; and, subject to the [F2 following provisions of this Act either the tenant or the landlord under such a tenancy may apply to the court for an order for the grant of] a new tenancy—

(a) if the landlord has given notice under section 25 of this Act to terminate the tenancy, or

(b) if the tenant has made a request for a new tenancy in accordance with section 26 of this Act.

(2) The last foregoing subsection shall not prevent the coming to an end of a tenancy by notice to quit given by the tenant, by surrender or forfeiture, or by the forfeiture of a superior tenancy, unless—

(a) in the case of a notice to quit, the notice was given before the tenant had been in occupation in right of the tenancy for one month; F3 ...

F3 ( b ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (2A) Neither the tenant nor the landlord may make an application under subsection (1) above if the other has made such an application and the application has been served.

(2B) Neither the tenant nor the landlord may make such an application if the landlord has made an application under section 29(2) of this Act and the application has been served.

(2C) The landlord may not withdraw an application under subsection (1) above unless the tenant consents to its withdrawal.]

(3) Notwithstanding anything in subsection (1) of this section,—

(a) where a tenancy to which this Part of this Act applies ceases to be such a tenancy, it shall not come to an end by reason only of the cesser, but if it was granted for a term of years certain and has been continued by subsection (1) of this section then (without prejudice to the termination thereof in accordance with any terms of the tenancy) it may be terminated by not less than three nor more than six months’ notice in writing given by the landlord to the tenant;

( b ) where, at a time when a tenancy is not one to which this Part of this Act applies, the landlord gives notice to quit, the operation of the notice shall not be affected by reason that the tenancy becomes one to which this Part of this Act applies after the giving of the notice.]

Textual Amendments

F1 S. 24 substituted by virtue of Law of Property Act 1969 (c. 59) , s. 15 , Sch. 1

F2 Words in s. 24(1) substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096), arts. 1(3), 3(1)

F3 S. 24(2)(b) and preceding word repealed (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096), art. 1(3), Sch. 6

F4 S. 24(2A)-(2C) inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096), arts. 1(3), 3(2)

Modifications etc. (not altering text)

C1 S. 24 restricted by Leasehold Reform Act 1967 (c. 88) , s. 35(2)

C2 S. 24(1) amended by Opencast Coal Act 1958 (c. 69) , s. 37 , Sch. 7 para. 22

C3 S. 24(3)(b) excluded by Landlord and Tenant (Licensed Premises) Act 1990 (c. 39, SIF 75:1) , s. 1(2)