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Words: 1,846 | Submitted: Fri May 09 2008
... eligible for protection under the LTA, 1953, Pt II. Robin's girlfriend, Marion, has been renting a flat on the fifth floor. She has been running her massage business from the flat for the last three years without having told Robin. The fact that the term exceeds 6 months means she is not exempt from protection as required in S43(3) LTA, 1953. However, the absence of Robin's consent to the business may lead to her exemption from the protection of LTA 1954, Part II. I will examine the other criteria set out by the act in S23 before looking at whether consent is required. They are as follows: (1) the act is applicable to tenants who occupy the premises where the business is carried out; (2) the term business includes "a trade profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporated"; ...
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