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A solicitor is acting for a tenant of business premises in connection with an application for the grant of a new tenancy, following service by the tenant of a request under s.26 of the Landlord and Tenant Act 1954 (1954 Act).
Although the landlord is not opposing the grant of a new tenancy, the tenant is concerned that they will not reach agreement on the terms of the new tenancy.
The solicitor advises the tenant that in default of agreement the court has the power to order the grant of a new tenancy for a new duration.
The tenant has asked for clarification on the extent of the court’s powers.
If the landlord and tenant do not agree the terms of the new tenancy, what order can the court make?
A. The court can only order the grant of a new tenancy on the same terms as the existing tenancy.
B. The court can only order the grant of a new tenancy on the same terms as the existing tenancy except with regard to rent.
C. The court can only order the grant of a new tenancy on the same terms as the existing tenancy for a term not exceeding 15 years.
D. The court can only order the grant of a new tenancy on such terms as it determines under the 1954 Act for a term not exceeding 15 years.
E. The court can only order the grant of a new tenancy on the same terms as the existing tenancy and contracted out of the 1954 Act.
D - The court can only order the grant of a new tenancy on such terms as it determines under the 1954 Act for a term not exceeding 15 years.
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