Statutory declaration excluding security of tenure - Revision history

Designing Buildings at 09:26, 9 October 2020

2020-10-09T09:26:06Z

← Older revision		Revision as of 09:26, 9 October 2020
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	Leases that exclude security of tenure may have a lower rent.		Leases that exclude security of tenure may have a lower rent.

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

	* Betterment.		* Betterment.
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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:Client_procedures]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Property_law]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]]

Editor at 17:55, 29 January 2019

2019-01-29T17:55:29Z

← Older revision		Revision as of 17:55, 29 January 2019
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−
	Most tenants of commercial premises with a lease of more than 6 months have security of tenure. This means 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 have security of tenure. This means 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 Landlord & Tenant Act 1954 and 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.	+	This protection is given by the Landlord & Tenant Act 1954 and 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.

	To regain possession, the landlord must serve notice under the Act setting out the grounds for opposing renewal of the lease, for example if the tenant has not carried out repair and maintenance obligations.		To regain possession, the landlord must serve notice under the Act setting out the grounds for opposing renewal of the lease, for example if the tenant has not carried out repair and maintenance obligations.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Betterment.	+
−	*Break clauses in leases.	+	* Betterment.
−	*Dilapidations.	+	* Break clauses in leases.
−	*Ground rent.	+	* Build to Suit.
−	*Lease Negotiations - Tenants Checklist.	+	* Dilapidations.
−	*Leasehold.	+	* Ground rent.
−	*Rent-free period.	+	* Lease Negotiations - Tenants Checklist.
−	*Rent in administration.	+	* Leasehold.
−	*Rent review.	+	* Rent-free period.
−	*Reversion.	+	* Rent in administration.
−	*Sample retail lease.	+	* Rent review.
−	*Schedule of dilapidations.	+	* Reversion.
−	*Security of tenure for commercial leases.	+	* Sample retail lease.
−	*Service charge.	+	* Schedule of dilapidations.
−	*Supersession.	+	* Security of tenure for commercial leases.
−	*Vacant possession.	+	* Service charge.
		+	* Supersession.
		+	* Vacant possession.

	=== External references ===		=== External references ===
−	*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]]	+	* 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:Client_procedures]]	+
−	[[Category:Contracts_/_payment]]	+	[[Category:Property_law]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]]

Designing Buildings at 08:01, 11 September 2014

2014-09-11T08:01:37Z

← Older revision		Revision as of 08:01, 11 September 2014
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	*Sample retail lease.		*Sample retail lease.
	*Schedule of dilapidations.		*Schedule of dilapidations.
		+	*Security of tenure for commercial leases.
	*Service charge.		*Service charge.
	*Supersession.		*Supersession.

Designing Buildings at 07:14, 11 September 2014

2014-09-11T07:14:11Z

← Older revision		Revision as of 07:14, 11 September 2014
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	Most tenants of commercial premises with a lease of more than 6 months have security of tenure. This means 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 have security of tenure. This means 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 Landlord & Tenant Act 1954 and can be important for 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.	+	This protection is given by the Landlord & Tenant Act 1954 and 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.

	To regain possession, the landlord must serve notice under the Act setting out the grounds for opposing renewal of the lease, for example if the tenant has not carried out repair and maintenance obligations.		To regain possession, the landlord must serve notice under the Act setting out the grounds for opposing renewal of the lease, for example if the tenant has not carried out repair and maintenance obligations.

Designing Buildings at 08:36, 10 September 2014

2014-09-10T08:36:04Z

← Older revision		Revision as of 08:36, 10 September 2014
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−		+	Most tenants of commercial premises with a lease of more than 6 months have security of tenure. This means 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 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 Landlord & Tenant Act 1954 and can be important for 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.		This protection is given by the Landlord & Tenant Act 1954 and can be important for 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 the grounds for opposing renewal of the lease, for example if the tenant has not carried out repair and maintenance obligations.		To regain possession, the landlord must serve notice under the Act setting out the grounds for opposing renewal of the lease, for example if the tenant has not carried out repair and maintenance obligations.

−	However, 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.	+	However, 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 refurbish or redevelop the premises, or to occupy it themselves, or they may simply want flexibility at the end of the lease.

	To contract out security of tenure, the landlord must issue a Landlord’s Notice to Exclude Security of Tenure and in response to this the tenant completes a Declaration confirming that they understand and accept they are entering into a lease with no security of tenure. The notice and the declaration must follow a prescribed format.		To contract out security of tenure, the landlord must issue a Landlord’s Notice to Exclude Security of Tenure and in response to this the tenant completes a Declaration confirming that they understand and accept they are entering into a lease with no security of tenure. The notice and the declaration must follow a prescribed format.

−	If the notice is served at least 14 days before the lease is entered into, then a simple declaration can be used. If the ~~landlords’~~ notice is served less than 14 days before the lease is entered into then a statutory declaration is required, signed before a solicitor.	+	If the landlord's notice is served at least 14 days before the lease is entered into, then a simple declaration can be used. If the landlord's notice is served less than 14 days before the lease is entered into then a statutory declaration is required, signed before a solicitor.

	The lease must then refer to the notice, the declaration and the agreement to exclude security of tenure.		The lease must then refer to the notice, the declaration and the agreement to exclude security of tenure.

Designing Buildings: Created page with " Most tenants of commercial premises with a lease of more than 6 months have security of tenure. This means that they have the right to continue to occupy the premises after the..."

2014-09-10T08:33:11Z

Created page with " Most tenants of commercial premises with a lease of more than 6 months have security of tenure. This means that they have the right to continue to occupy the premises after the..."

New page

Most tenants of commercial premises with a lease of more than 6 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 Landlord & Tenant Act 1954 and can be important for 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.

To regain possession, the landlord must serve notice under the Act setting out the grounds for opposing renewal of the lease, for example if the tenant has not carried out repair and maintenance obligations.

However, 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.

To contract out security of tenure, the landlord must issue a Landlord’s Notice to Exclude Security of Tenure and in response to this the tenant completes a Declaration confirming that they understand and accept they are entering into a lease with no security of tenure. The notice and the declaration must follow a prescribed format.

If the notice is served at least 14 days before the lease is entered into, then a simple declaration can be used. If the landlords’ notice is served less than 14 days before the lease is entered into then a statutory declaration is required, signed before a solicitor.

The lease must then refer to the notice, the declaration and the agreement to exclude security of tenure.

Leases that exclude security of tenure may have a lower rent.

= Find out more =

=== Related articles on Designing Buildings Wiki ===
*Betterment.
*Break clauses in leases.
*Dilapidations.
*Ground rent.
*Lease Negotiations - Tenants Checklist.
*Leasehold.
*Rent-free period.
*Rent in administration.
*Rent review.
*Reversion.
*Sample retail lease.
*Schedule of dilapidations.
*Service charge.
*Supersession.
*Vacant possession.

=== External references ===
*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:Client_procedures]]
[[Category:Contracts_/_payment]]