Leases of properties occupied by a Tenant for the purpose of their business will automatically (with some exceptions) benefit from Security of Tenure under the Landlord and Tenant Act 1954. This means that at the end of the term stated in the Lease, the tenancy will not come to an automatic end. The Landlord can only bring the tenancy to an end in one of the ways stated in the act. The Tenant has a right to apply to the court for a new tenancy and the Landlord can only oppose on certain grounds set out in the 1954 act (for example if the Tenant has been in breach of certain terms in the Lease, the Landlord wishes to demolish/ reconstruct the Property, or the Landlord is offering the Tenant suitable alternative accommodation).
At Else Solicitors we regularly advise Landlords and Tenants of commercial premises of their rights and obligations under the Security of Tenure provisions of the Landlord and Tenant Act 1954.
Our commercial property solicitors can advise and assist you as follows:
- We act for a variety of Landlords (including pension funds) and Tenants in drawing up and negotiating new Leases of commercial premises including offices, warehouses, shops, and restaurants.
- Landlords can insist on a new Lease being ‘contracted out’ of the Security of Tenure provisions of the Landlord and Tenant Act 1954. To do so, the Tenant is required to sign a declaration to confirm it understands that it will not have an automatic right to remain in the premises at the end of the term, and we will assist with this process, ensuring both sides understand their rights and obligations under a ‘contracted out’ Lease.
- If you are a Landlord or Tenant with an existing Lease and you are unsure if the Lease benefits from Security of Tenure, we can advise you on your position, especially when the end of the term of a Lease is approaching or if the end of the term has come and gone.
Our dispute resolution solicitors can also advise and assist you as follows:
- If you are a Landlord who wishes to regain possession of commercial premises occupied by a Tenant who has Security of Tenure, we can advise you whether you are entitled to do so, and guide you through the process set out in the Act, ensuring the required notices are served on the right person at the right time.
- If you are a Tenant who has Security of Tenure and have received a notice from your Landlord refusing a new Lease, we can advise you whether your Landlord is entitled to refuse, and whether you may be entitled to compensation if you do give up your tenancy.
- If you are a Tenant with Security of Tenure who wishes to agree a new Lease with the Landlord we can also assist you – this involves following the procedure set out in the 1954 act to propose the terms of the new Lease to the Landlord.
If an agreement cannot be reached between a Landlord and a Tenant regarding the terms of a new Lease, we can assist with resolving such disputes, whether inside or outside of court proceedings.
If you would like to discuss your commercial property matters, please contact Caroline Major on email Caroline.Major@elselaw.co.uk or call on 01283 526 200.