A woman owns two properties in England. One is a flat let to a tenant who has lived there for three years under an assured tenancy; the other is a shop let to a retailer on a ten-year lease granted last year, which was not contracted out of the security of tenure provisions. She wants both back at the end of next year so that she can redevelop the site, and assumes that she can simply give each tenant notice that the term is over.
Which of the following best describes the security of tenure of the two tenants?
- Option A. Incorrect answer. Both tenants are protected by the Landlord and Tenant Act 1954, and neither may be removed without a court order.
- Option B. Correct answer. The residential tenant can be removed only on a statutory ground; the shop tenant has 1954 Act protection.Correct
- Option C. Incorrect answer. The shop tenant has the stronger protection, its lease being much the longer of the two terms.
- Option D. Incorrect answer. Neither has security of tenure, so notice ending each term will recover possession.
- Option E. Incorrect answer. The residential tenant has no security of tenure; only the shop tenant is statutorily protected.