Patricroft (852), Dalkeith (854), Compton Mills (856), Sandy Lodge (857) Hornsby (008) and Thackley FC (009) Claimant : On Tower UK Limited (1) On Tower UK 2 Limited (2) LC – 2023 – 000852, 854, 856 and 857
DECISION
[70]On the assumption that the Claimants occupy the sites pursuant to periodic tenancies protected by Part II of the Landlord and Tenant Act 1954 I find that the Claimants are not entitled to seek Code rights pursuant to Part 4 of the Code. [(i)(a)][71]On the assumption that the Claimants occupy any of the sites pursuant to periodic licences I find that the Claimants are entitled to seek Code rights pursuant to Part 4 of the Code.[72]A periodic tenant cannot serve a valid notice under Part 4 without first having given notice to terminate the periodic tenancy and by virtue of such notice having expired. [(i)(b)][73]The service of notices pursuant to section 25 of the 1954 Act does not preclude entitlement on the part of the Claimants to seek code rights in accordance with Part 4 of the Code.[(i)(c)][74]On the assumption that the Claimants occupied each of the sites pursuant to a periodic licence, the Claimants, prior to making any Reference, are not first required to terminate any such periodic licence by first serving a notice at common law and by virtue of such notice having expired. [(ii)][75]The Claimant concedes that the agreement for Patricroft (852), if a lease, was not effectively contracted out of the 1954 Act.[(iv)][76]The agreement for Dalkeith (854), if a lease, was effectively contracted out of the 1954 Act. [(iv)][77]The Paragraph 20 Notices served by the Claimants for all sites are valid Notices given by operators for the purposes of Paragraph 88 of the Code. [(v)] D Jackson Judge of the First-tier Tribunal Either party may appeal this Decision to the Upper Tribunal (Lands Chamber) but must first apply to the First-tier Tribunal for permission. Any application for permission must be in writing, stating grounds relied upon, and be received by the First-tier Tribunal no later than 28 days after the Tribunal sends its written reasons for the Decision to the party seeking permission.