Landlord and Tenant Act 1954 Review
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 renewal of 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. The Commission has acknowledged that various aspects of the LTA 1954 are burdensome, unclear and out-of-date, which has resulted in landlords and tenants facing unnecessary delays and costs.
As the government focuses on revitalising high streets and town centres, creating thriving spaces which landlords, businesses and communities choose to use and invest in and enhancing the environmental sustainability of commercial properties, the Law Commission will evaluate the effectiveness of the legislation within this context. The Commission aims to establish a legal framework that is widely used and is not opted out of, while also not limiting the parties’ rights to negotiate their own agreements.
This review of the renewal of business tenancies will also strive to support the efficient use of space in high streets and town centres, fostering a productive and beneficial commercial leasing relationship between landlords and tenants. The Law Commission plans to initiate preliminary research on this review in early 2023, which will include pre-consultation engagement with interest groups and experts.
By late 2023, the Law Commission aims to publish a consultation paper, outlining the results of their research and inviting feedback and opinions from the public. With the LTA 1954 in need of updating, this review by the Law Commission is a welcome opportunity to ensure that the legislation reflects the current needs of landlords and tenants, as well as the broader economic and environmental goals of the UK government.
Source: The full update from the Commission can be found here.