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Business Tenancies (Fair Dealings) Act 2003
11EInteraction with Law of Property Act 2000
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11E Interaction with Law of Property Act 2000
(1) Subsection (2) has effect if:
(a) a modification notice sets aside all or part of section 6, 7 or 8
or a regulation made under any of those sections; and
(b) as a result, an occupation arrangement that was excluded
from the operation of this Act immediately before the notice
came into effect became subject to this Act.
(2) Section 114 of the Law of Property Act 2000 applies in relation to
the occupation arrangement while the arrangement is subject to this
Act.
(3) Subsection (4) applies in relation to a breach of a term or condition
of an occupation arrangement that is subject to this Act if the
breach occurs after the commencement of this section.
(4) Costs and expenses recoverable by a lessor in accordance with
section 140 of the Law of Property Act 2000 do not include legal
costs in proceedings commenced during the emergency period.
(5) Subsection (6) applies if:
(a) a business lease is for a period of 3 months or more; and
(b) a modification notice requires that the landlord engage in
negotiations with a tenant for a minimum period, as mentioned
in section 11B(5), before a notice to quit premises can be
issued.
Business Tenancies (Fair Dealings) Act 2003 12
(6) A time for giving notice under Part 8, Division 5 of the Law of
Property Act 2000 is extended by the same period as that required
for the negotiations.
(7) Section 152 of the Law of Property Act 2000 does not apply in
relation to a lease that ends during the emergency period unless, at
the date of commencement of this section:
(a) a demand has been made and notice has been given in
writing to a person for delivery of possession of premises as
mentioned in section 152(1)(a) of that Act; or
(b) a person has given a notice of intention to quit premises as
mentioned in section 152(1)(b) of that Act.