Landlord and Tenant Act 1954
Understanding specific clauses such as break clauses and dilapidation points
It is a technical and tricky area to navigate as there are specific rules regarding the rights of each party, timings and processes including the types of notices to be served. Errors can be pivotal and mean that the tenant loses its right to security of tenure if the process is not undertaken properly. It is therefore important to seek expert advice and assistance with the procedures.
Our services include advice relating to and assistance with:
Legal Considerations
No – the tenant is at liberty to choose not to renew and should focus on exit matters including deciding whether to serve a ‘section 27 notice’ and considering dilapidations.
Yes – see below.
Has either party served a notice to formally kickstart the renewal (whether opposed or unopposed) with a “section 25” notice by a landlord or a “section 26” by a tenant.
If yes, has it been served within the correct timeframe, provided requisite notice and been served on the correct party?
If unopposed consider if the parties have agreed or are they likely to agree terms for the new lease or are there terms which are disputed. Consider strategic and legal factors to inform next steps and follow the correct legal procedures and Court protocol.
If opposed, consider the ground(s) on which the landlord is relying on to oppose renewal. Are they fault or non-fault grounds? Consider the strength of the landlord’s opposition together with strategic and legal factors to inform next steps and follow the correct legal procedures and Court protocol.
Other factors to Consider
News, Insights & Resources
During the recent session from our ‘General Counsel Know How’ series, commercial property partner Helen Lucas and consultant Michael Whitaker led an interesting discussion on hotly contested lease terms that should be properly considered even before the landlords and tenants sign heads of terms.
During the recent session from our ‘General Counsel Know How’ series, commercial property partner Helen Lucas and consultant Michael Whitaker led an interesting discussion on hotly contested lease terms that should be properly considered even before the landlords and tenants sign heads of terms.
The Law Commission of England and Wales has recently announced its plans to review the workings of the right to renew business tenancies, as outlined in Part 2 of the Landlord and Tenant Act 1954. This legislation provides a framework that entitles qualifying tenants protection when it comes to renewing their business tenancies known as “security of tenure”, however, it was created following the Second World War, since which time the property landscape and the commercial needs of landlords and tenants have notably evolved.
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