Security of tenure for commercial leases - Revision history

Editor at 17:07, 8 December 2021

2021-12-08T17:07:52Z

← Older revision		Revision as of 17:07, 8 December 2021
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	The landlord and the tenant can agree to exclude, or ‘contract out’ the right to security of tenure, giving the landlord automatic possession at the end of the lease. This might be agreed, for example, if the landlord intends to redevelop the premises, or to occupy it themselves, or they may simply want flexibility at the end of the lease. See Statutory declaration excluding security of tenure for more information.		The landlord and the tenant can agree to exclude, or ‘contract out’ the right to security of tenure, giving the landlord automatic possession at the end of the lease. This might be agreed, for example, if the landlord intends to redevelop the premises, or to occupy it themselves, or they may simply want flexibility at the end of the lease. See Statutory declaration excluding security of tenure for more information.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

		+	* Agricultural tenancy.
	* Break clauses in leases.		* Break clauses in leases.
	* Ground rent.		* Ground rent.

Designing Buildings at 08:00, 11 October 2020

2020-10-11T08:00:22Z

← Older revision		Revision as of 08:00, 11 October 2020
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	* Ashurst, [http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0CCcQFjAB&url=http%3A%2F%2Fwww.ashurst.com%2Fdoc.aspx%3Fid_Resource%3D4845&ei=LTEPVKivH4SJ7AbHhoGwBA&usg=AFQjCNH_jB4pfgsSMc43_8ijeAsgdHggJg Business Tenancies: Contracting out of the Landlord and Tenant Act 1954].		* Ashurst, [http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0CCcQFjAB&url=http%3A%2F%2Fwww.ashurst.com%2Fdoc.aspx%3Fid_Resource%3D4845&ei=LTEPVKivH4SJ7AbHhoGwBA&usg=AFQjCNH_jB4pfgsSMc43_8ijeAsgdHggJg Business Tenancies: Contracting out of the Landlord and Tenant Act 1954].

−	[[Category:Property_law]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Property_law]]

Editor at 17:41, 29 January 2019

2019-01-29T17:41:08Z

← Older revision		Revision as of 17:41, 29 January 2019
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	The landlord and the tenant can agree to exclude, or ‘contract out’ the right to security of tenure, giving the landlord automatic possession at the end of the lease. This might be agreed, for example, if the landlord intends to redevelop the premises, or to occupy it themselves, or they may simply want flexibility at the end of the lease. See Statutory declaration excluding security of tenure for more information.		The landlord and the tenant can agree to exclude, or ‘contract out’ the right to security of tenure, giving the landlord automatic possession at the end of the lease. This might be agreed, for example, if the landlord intends to redevelop the premises, or to occupy it themselves, or they may simply want flexibility at the end of the lease. See Statutory declaration excluding security of tenure for more information.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Break clauses in leases.		* Break clauses in leases.

Editor at 14:31, 5 May 2017

2017-05-05T14:31:16Z

← Older revision		Revision as of 14:31, 5 May 2017
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−
	Most tenants of commercial premises with a lease of more than 6 months, or if they have been in occupation for more than twelve months, have security of tenure. This means that they have the right to continue to occupy the premises after the lease has come to a natural end on similar terms to the original lease.		Most tenants of commercial premises with a lease of more than 6 months, or if they have been in occupation for more than twelve months, have security of tenure. This means that they have the right to continue to occupy the premises after the lease has come to a natural end on similar terms to the original lease.

−	This protection is given by the [http://www.legislation.gov.uk/ukpga/Eliz2/2-3/56/contents Landlord & Tenant Act 1954]:	+	This protection is given by the [http://www.legislation.gov.uk/ukpga/Eliz2/2-3/56/contents Landlord & Tenant Act 1954]:
−	*Part I Security of Tenure for Residential Tenants.	+
−	*Part II Security of Tenure for Business, Professional and other Tenants.	+	* Part I Security of Tenure for Residential Tenants.
		+	* Part II Security of Tenure for Business, Professional and other Tenants.

	Security of tenure can be important for commercial tenants, for example; if they have installed a lot of equipment, If the location is vital to their operation, if business continuity is important and so on.		Security of tenure can be important for commercial tenants, for example; if they have installed a lot of equipment, If the location is vital to their operation, if business continuity is important and so on.
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	To regain possession, the landlord must serve notice under the Act setting out grounds described in the Act for opposing renewal of the lease. This can include:		To regain possession, the landlord must serve notice under the Act setting out grounds described in the Act for opposing renewal of the lease. This can include:
−	*If the tenant has not carried out repair and maintenance obligations.	+
−	*Persistent delay in paying rent.	+	* If the tenant has not carried out repair and maintenance obligations.
−	*Other substantial breaches of obligations under the tenancy, or any other reason connected with the tenant’s use or management of the holding.	+	* Persistent delay in paying rent.
−	*The landlord has offered alternative suitable accommodation.	+	* Other substantial breaches of obligations under the tenancy, or any other reason connected with the tenant’s use or management of the holding.
−	*The tenant is a sub tenant of part of the premises, and the landlord would be able to get more rent if they leased the entire premises.	+	* The landlord has offered alternative suitable accommodation.
−	*The landlord intends to demolish or reconstruct the premises.	+	* The tenant is a sub tenant of part of the premises, and the landlord would be able to get more rent if they leased the entire premises.
−	*The landlord intends to occupy the premises.	+	* The landlord intends to demolish or reconstruct the premises.
		+	* The landlord intends to occupy the premises.

	The landlord and the tenant can agree to exclude, or ‘contract out’ the right to security of tenure, giving the landlord automatic possession at the end of the lease. This might be agreed, for example, if the landlord intends to redevelop the premises, or to occupy it themselves, or they may simply want flexibility at the end of the lease. See Statutory declaration excluding security of tenure for more information.		The landlord and the tenant can agree to exclude, or ‘contract out’ the right to security of tenure, giving the landlord automatic possession at the end of the lease. This might be agreed, for example, if the landlord intends to redevelop the premises, or to occupy it themselves, or they may simply want flexibility at the end of the lease. See Statutory declaration excluding security of tenure for more information.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Break clauses in leases.	+
−	*Ground rent.	+	* Break clauses in leases.
−	*Landlord and Tenant Act.	+	* Ground rent.
−	*Lease Negotiations - Tenants Checklist.	+	* Landlord and Tenant Act.
−	*Leasehold.	+	* Lease Negotiations - Tenants Checklist.
−	*Rent-free period.	+	* Leasehold.
−	*Rent in administration.	+	* Penal contractual terms.
−	*Rent review.	+	* Rent-free period.
−	*Sample retail lease.	+	* Rent in administration.
−	*Service charge.	+	* Rent review.
−	*Statutory declaration excluding security of tenure	+	* Sample retail lease.
−	*Vacant possession.	+	* Service charge.
		+	* Statutory declaration excluding security of tenure
		+	* Vacant possession.

	=== External references ===		=== External references ===
−	*The Landlord & Tenant Act 1954.	+
−	*Ashurst, [http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0CCcQFjAB&url=http%3A%2F%2Fwww.ashurst.com%2Fdoc.aspx%3Fid_Resource%3D4845&ei=LTEPVKivH4SJ7AbHhoGwBA&usg=AFQjCNH_jB4pfgsSMc43_8ijeAsgdHggJg Business Tenancies: Contracting out of the Landlord and Tenant Act 1954].	+	* The Landlord & Tenant Act 1954.
		+	* Ashurst, [http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0CCcQFjAB&url=http%3A%2F%2Fwww.ashurst.com%2Fdoc.aspx%3Fid_Resource%3D4845&ei=LTEPVKivH4SJ7AbHhoGwBA&usg=AFQjCNH_jB4pfgsSMc43_8ijeAsgdHggJg Business Tenancies: Contracting out of the Landlord and Tenant Act 1954].

	[[Category:Property_law]]		[[Category:Property_law]]

86.186.117.81 at 08:24, 18 September 2015

2015-09-18T08:24:46Z

← Older revision		Revision as of 08:24, 18 September 2015
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	*Break clauses in leases.		*Break clauses in leases.
	*Ground rent.		*Ground rent.
		+	*Landlord and Tenant Act.
	*Lease Negotiations - Tenants Checklist.		*Lease Negotiations - Tenants Checklist.
	*Leasehold.		*Leasehold.

Designing Buildings at 08:01, 11 September 2014

2014-09-11T08:01:05Z

← Older revision		Revision as of 08:01, 11 September 2014
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−

	Most tenants of commercial premises with a lease of more than 6 months, or if they have been in occupation for more than twelve months, have security of tenure. This means that they have the right to continue to occupy the premises after the lease has come to a natural end on similar terms to the original lease.		Most tenants of commercial premises with a lease of more than 6 months, or if they have been in occupation for more than twelve months, have security of tenure. This means that they have the right to continue to occupy the premises after the lease has come to a natural end on similar terms to the original lease.
Line 9:		Line 8:
	Security of tenure can be important for commercial tenants, for example; if they have installed a lot of equipment, If the location is vital to their operation, if business continuity is important and so on.		Security of tenure can be important for commercial tenants, for example; if they have installed a lot of equipment, If the location is vital to their operation, if business continuity is important and so on.

−	If negotiations to permit continued occupation fail at the end of the original lease, the tenant can apply to the Court for a new lease	+	If negotiations to permit continued occupation fail at the end of the original lease, the tenant can apply to the Court for a new lease.

−	To regain possession, the landlord must serve notice under the Act setting out grounds described in the Act for opposing renewal of the lease~~, for example~~:	+	To regain possession, the landlord must serve notice under the Act setting out grounds described in the Act for opposing renewal of the lease. This can include:
	*If the tenant has not carried out repair and maintenance obligations.		*If the tenant has not carried out repair and maintenance obligations.
	*Persistent delay in paying rent.		*Persistent delay in paying rent.

Designing Buildings: Created page with " Most tenants of commercial premises with a lease of more than 6 months, or if they have been in occupation for more than twelve months, have security of tenure. This means that..."

2014-09-11T07:58:28Z

Created page with " Most tenants of commercial premises with a lease of more than 6 months, or if they have been in occupation for more than twelve months, have security of tenure. This means that..."

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Most tenants of commercial premises with a lease of more than 6 months, or if they have been in occupation for more than twelve months, have security of tenure. This means that they have the right to continue to occupy the premises after the lease has come to a natural end on similar terms to the original lease.

This protection is given by the [http://www.legislation.gov.uk/ukpga/Eliz2/2-3/56/contents Landlord & Tenant Act 1954]:
*Part I Security of Tenure for Residential Tenants.
*Part II Security of Tenure for Business, Professional and other Tenants.

Security of tenure can be important for commercial tenants, for example; if they have installed a lot of equipment, If the location is vital to their operation, if business continuity is important and so on.

If negotiations to permit continued occupation fail at the end of the original lease, the tenant can apply to the Court for a new lease

To regain possession, the landlord must serve notice under the Act setting out grounds described in the Act for opposing renewal of the lease, for example:
*If the tenant has not carried out repair and maintenance obligations.
*Persistent delay in paying rent.
*Other substantial breaches of obligations under the tenancy, or any other reason connected with the tenant’s use or management of the holding.
*The landlord has offered alternative suitable accommodation.
*The tenant is a sub tenant of part of the premises, and the landlord would be able to get more rent if they leased the entire premises.
*The landlord intends to demolish or reconstruct the premises.
*The landlord intends to occupy the premises.

The landlord and the tenant can agree to exclude, or ‘contract out’ the right to security of tenure, giving the landlord automatic possession at the end of the lease. This might be agreed, for example, if the landlord intends to redevelop the premises, or to occupy it themselves, or they may simply want flexibility at the end of the lease. See Statutory declaration excluding security of tenure for more information.

= Find out more =

=== Related articles on Designing Buildings Wiki ===
*Break clauses in leases.
*Ground rent.
*Lease Negotiations - Tenants Checklist.
*Leasehold.
*Rent-free period.
*Rent in administration.
*Rent review.
*Sample retail lease.
*Service charge.
*Statutory declaration excluding security of tenure
*Vacant possession.

=== External references ===
*The Landlord & Tenant Act 1954.
*Ashurst, [http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0CCcQFjAB&url=http%3A%2F%2Fwww.ashurst.com%2Fdoc.aspx%3Fid_Resource%3D4845&ei=LTEPVKivH4SJ7AbHhoGwBA&usg=AFQjCNH_jB4pfgsSMc43_8ijeAsgdHggJg Business Tenancies: Contracting out of the Landlord and Tenant Act 1954].

[[Category:Property_law]]