The Landlord and Tenant Act 1954 looks set for change

Gemma Duncan and Lillee Reid-Hunt discuss the changing scene in housing.

In March 2023 the Department for Levelling Up, Housing and Communities asked the Law Commission to carry out a review of the Landlord and Tenant Act 1954 as part of its Anti-Social Behaviour Plan to “revitalise high streets and town centres, creating thriving spaces which landlords, businesses and communities choose to invest in and use.”

The aim is to ensure that the legislation is up to date with the current commercial leasehold market and also that it reflects modern objectives such ESG goals and the Minimum Energy Efficiency Standards (MEES).
Some of the changes under consideration include:

• stricter rules on “contracting out” of the security of tenure provisions of Part II of the Act;
• simplification of the “contracting out” procedure;
• pre-action protocols for lease renewals and use of the FTT (First Tier Tribunal) to speed up the court process;
• widening “Ground F” to allow Landlords to oppose lease renewals to enable them to carry out energy efficiency upgrades

The Law Commission had initially hoped to publish its consultation paper by December 2023 however it has been delayed and it is now anticipated to be published in Autumn 2024.

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