Security of Tenure – Landlord and Tenant Act 1954

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The Landlord and Tenant Act 1954 (the “Act”) regulates the way in which business tenancies can be terminated and gives business tenants security of tenure. Major changes to the provisions of the Act came into force in 2004.

Security of Tenure is the rebuttable right for a Tenant to remain in occupation even though the lease has come to an end by effluxion of time.

For the Tenant if they are looking at being able to remain in occupation of the commercial property at expiry of the lease, it is crucial that when negotiating the terms that the Lease is protected under the Act.

If a Landlord wants to bring a tenancy to an end then they have to serve notice giving not more than twelve and not less than six months’ notice of termination.

If a Tenant wants to claim a new tenancy then they have to apply to the court no later than the expiry date of the Landlord’s notice or the Tenant loses the right to apply.

The Landlord and Tenant should use the notice period to negotiate the terms of the new tenancy. If the Tenant and the Landlord cannot agree then it has to go through the court procedure.

Our commercial property solicitors advise both Landlords and Tenants at the start of the process of this type of matter, especially to confirm what they would like to happen when the lease expires.

The Commercial Property Team at Forbes Solicitors offer a fixed fee lease report which includes –

  • An initial consultation with one of our specialist Commercial Property Lawyers who will be dedicated to your file to find out what you want to get out of your lease and to discuss the terms you have agreed with the Landlord
  • A full review of the draft lease to ensure all the agreed heads of terms have been incorporated into the lease
  • A full report on the key terms of the lease without any legal jargon with an explanation of how those provisions will affect your occupation of the premises during the term. We will detail any unusual or onerous provisions and explain the implications for you as a tenant;
  • The provision of a full report within 5 working days of receipt of the draft lease.

For further information contact our Property Solicitors on 0800 689 0831 or make an enquiry here.

Laura Bradley

About Laura Bradley

Laura Bradley is a Solicitor in the Commercial Property department at Forbes Solicitors. Within her blogs Laura deals with all aspects of commercial property including leases (from both landlord and tenant perspective), licences, acquisitions and disposals along with recent updates within the property sector.
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