Statutory compensation under the Landlord and Tenant Act 1954


Published by a ³ÉÈËÓ°Òô Property Disputes expert
Practice notes

Statutory compensation under the Landlord and Tenant Act 1954


Published by a ³ÉÈËÓ°Òô Property Disputes expert

Practice notes
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This Practice Note provides guidance in respect of which grounds of opposition under section 30(1) of the Landlord and Tenant Act 1954 (LTA 1954) give rise to the payment of statutory compensation under one of the three compensation cases under section 37. It also covers how to determine the compensatable ‘holding’, the amount of compensation (ie single or double) payable, and who compensation is payable by and to.

Statutory compensation—which grounds are compensatable?

Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to statutory financial compensation for the disturbance to their rights of security of tenure where:

  1. •

    the landlord relies on one or more ‘no fault/compensation grounds’; and

  2. •

    one of the three compensation cases under LTA 1954, s 37(1A)–(1C) applies

Three of the seven grounds of opposition under LTA 1954, s 30(1) are ’compensation grounds’ as set out in the following table:

Ground of opposition under LTA 1954, s 30(1)Compensation ground?
Ground (a)—disrepairNo
Ground (b)—persistent delay in paying rentNo
Ground
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Statutory compensation definition
What does Statutory compensation mean?

Compensation which is payable to a tenant where a landlord successfully opposes the grant of a new tenancy based on grounds (e), (f) and/or (g) of LTA 1954, s 30(1).

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