N v J
4 January 2015
Over the course of 2014 and 2015 Adam advised in the case of N v J a complicated Landlord and Tenant matter which related to business tenancies granted pursuant to, and protected by, the 1954 Act. Adam acted for Mr N, a mesne landlord, who had inadvertently granted a protected tenancy to Mr J, in breach of the covenants within his own lease.
After Mr N’s tenant stopped paying his rent, the decision was taken to terminate the accidental tenancy through the service of a section 25 notice. Mr N was ultimately, after the expiry of the notice and subsequent possession proceedings, granted both possession of the sublet land and his costs in the claim. The procedural minefield which the 1954 Act throws up had been successfully avoided.