Landlord and Tenant Act 1954

[F1 30 Opposition by landlord to application for new tenancy. E+W

(1) The grounds on which a landlord may oppose an application under [F2 section 24(1) of this Act, or make an application under section 29(2) of this Act,] are such of the following grounds as may be stated in the landlord’s notice under section 25 of this Act or, as the case may be, under subsection (6) of section 26 thereof, that is to say:—

(a) where under the current tenancy the tenant has any obligations as respects the repair and maintenance of the holding, that the tenant ought not to be granted a new tenancy in view of the state of repair of the holding, being a state resulting from the tenant’s failure to comply with the said obligations;

(b) that the tenant ought not to be granted a new tenancy in view of his persistent delay in paying rent which has become due;

(c) that the tenant ought not to be granted a new tenancy in view of other substantial breaches by him of his obligations under the current tenancy, or for any other reason connected with the tenant’s use or management of the holding;

(d) that the landlord has offered and is willing to provide or secure the provision of alternative accommodation for the tenant, that the terms on which the alternative accommodation is available are reasonable having regard to the terms of the current tenancy and to all other relevant circumstances, and that the accommodation and the time at which it will be available are suitable for the tenant’s requirements (including the requirement to preserve goodwill) having regard to the nature and class of his business and to the situation and extent of, and facilities afforded by, the holding;

(e) where the current tenancy was created by the sub-letting of part only of the property comprised in a superior tenancy and the landlord is the owner of an interest in reversion expectant on the termination of that superior tenancy, that the aggregate of the rents reasonably obtainable on separate lettings of the holding and the remainder of that property would be substantially less than the rent reasonably obtainable on a letting of that property as a whole, that on the termination of the current tenancy the landlord requires possession of the holding for the purpose of letting or otherwise disposing of the said property as a whole, and that in view thereof the tenant ought not to be granted a new tenancy;

(f) that on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised in the holding or a substantial part of those premises or to carry out substantial work of construction on the holding or part thereof and that he could not reasonably do so without obtaining possession of the holding;

(g) subject as hereinafter provided, that on the termination of the current tenancy the landlord intends to occupy the holding for the purposes, or partly for the purposes, of a business to be carried on by him therein, or as his residence.

[F3 (1A) Where the landlord has a controlling interest in a company, the reference in subsection (1)(g) above to the landlord shall be construed as a reference to the landlord or that company.

(1B) Subject to subsection (2A) below, where the landlord is a company and a person has a controlling interest in the company, the reference in subsection (1)(g) above to the landlord shall be construed as a reference to the landlord or that person.]

( 2 ) The landlord shall not be entitled to oppose an application[F4 under section 24(1) of this Act, or make an application under section 29(2) of this Act,] on the ground specified in paragraph (g) of the last foregoing subsection if the interest of the landlord, or an interest which has merged in that interest and but for the merger would be the interest of the landlord, was purchased or created after the beginning of the period of five years which ends with the termination of the current tenancy, and at all times since the purchase or creation thereof the holding has been comprised in a tenancy or successive tenancies of the description specified in subsection (1) of section 23 of this Act.

[F5 (2A) Subsection (1B) above shall not apply if the controlling interest was acquired after the beginning of the period of five years which ends with the termination of the current tenancy, and at all times since the acquisition of the controlling interest the holding has been comprised in a tenancy or successive tenancies of the description specified in section 23(1) of this Act.]

F6 ( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 S. 30 substituted by virtue of Law of Property Act 1969 (c. 59) , s. 15 , Sch. 1

F2 Words in s. 30(1) substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096) , arts. 1(3) , 6(1)

F3 S. 30(1A)(1B) inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096) , arts. 1(3) , 14(1)

F4 Words in s. 30(2) inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096) , arts. 1(3) , 6(2)

F5 S. 30(2A) inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096) , arts. 1(3) , 14(2)

F6 S. 30(3) repealed (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096) , art. 1(3) , Sch. 6

Modifications etc. (not altering text)

C1 S. 30(1)(b) modified (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. 82(11), 87(1) (with ss. 88-90) which affecting provision expires (25.9.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

C2 S. 30(1)(b) modified (24.3.2022) by Commercial Rent (Coronavirus) Act 2022 (c. 12), s. 31(4), Sch. 2 para. 5(3) (with s. 30)

C3 S. 30(2) excluded by: 1993 c. xviii , s. 13(a) ; 1994 c. xiv , s. 9(1) ; 1996 c. ii , s. 11(1)

S. 30(2) excluded by 1994 c. v , s. 1 , Sch. , s. 24(1)(a)

S. 30(2) excluded by 1998 c. v , ss. 3 , 13(1)(a) .

S. 30(2) excluded by 1999 c. iv , s. 13(1)(a)

S. 30(2) excluded by 2000 c. iii , ss. 14(a) , 16

S. 30(2) excluded by 2001 c. i , s. 11(a) (with s. 13 )

S. 30(2) excluded by 2001 c. v , s. 15(1)(a)

C4 S. 30(2) excluded (coming into force in accordance with s. 4 of the amending Act) by Barclays Group Reorganisation Act 2002 (c. iv) , { s.14(1)(a)}

C5 S. 30(2) excluded (coming into force in accordance with s. 4 of the amending Act) by HSBC Investment Banking Act 2002 (c. iii) , s.14(1)(a)

C6 S. 30(2) excluded (21.6.2006) by HBOS Group Reorganisation Act 2006 (c. i), s. 21(1)