Landlord Tenancy Act 1954

Landlord Discussion Legal
1

Hi all,

I’m a landlord based in London and would really appreciate some advice or shared experiences from others who may have faced something similar.

In 2022, I signed what I believed was a 12-month fixed-term agreement with a company that manages short-term rentals. However, the contract was drafted in a way that technically runs for three years, and now—despite serving a break notice—they are refusing to vacate the property.

They are claiming protection under the Landlord and Tenant Act 1954, even though they don’t occupy the property themselves but sublet it to third parties. I’m now being told I need to serve a Section 25 notice and potentially go through court proceedings to regain possession.

Has anyone else encountered this kind of situation with a company let? Particularly where the tenant is a corporate entity managing short-term lets but still claiming business tenancy protections?

I’d be grateful to hear from anyone who’s dealt with this or has advice on how to proceed. Feel free to DM me if you’d prefer to chat privately.

Thanks in advance.

2

Rent to rent is almost always a bad idea. Its easy for the people who operate the schemes to draft the contract in a way that stitches up the landlord.

The Landlord & Tenant Act 1954 is for commercial tenancies and this is being used for residential, so it wouldnt ordinarily apply. They can sometimes claim its under the 1954 Act by setting up an office at the premises. If they havent done this they may not be able to claim the automatic right of renewal which that Act allows.

You need proper legal advice on this issue from a specialist landlord and tenant solicitor.

3

Thanks David - yea I am seeking full legal advice

Keen to connect with anyone else who is experiencing or have experienced similar issues!

4

David Smith of JMW is well versed in this

Dud you sign an AST or a contract

An AST in rent to rent would not apply thus void

You would need to have signed some kind of contract