Landlord and tenant law regarding commercial property
Usually the most important feature of commercial landlord and tenant law is security of tenure.
Under landlord and tenant law for commercial properties, commercial tenants benefit from security of tenure under the Landlord and Tenant Act 1954 (LTA).
Security of tenure
In essence, security of tenure means that tenants have the right to request a new tenancy from their landlord. Security of tenure will only apply when there is a tenancy, occupation by the tenant in the named property and the tenant must be of a business nature.
If this is satisfied then under Section 24 of the LTA the commercial tenant can apply for a new lease and the current lease they have in place with their landlord will not expire on the contractual expiry date.
Can landlords get out of the Act?
In commercial landlord and tenant law a landlord can contract out of the Landlord and Tenant Act 1954 and in such cases security of tenure will not apply.
There is a strict procedure that must be followed to exclude the Act and unless it is followed correctly the procedure is void and the tenant may make an application. Another consideration that a tenant will need to take into account is that if the landlord has already sent them a Section 25 LTA notice to terminate the tenancy then security of tenure cannot be applied for.
Making an application for security of tenure
Security of tenure applications must be made in writing and be sent to the landlord not less than six months and not more than twelve months before the specified commencement date of the new tenancy.
If you are a commercial tenant or landlord then you should consider getting the advice from the solicitor on matters relating security of tenure. Legal procedures must be followed correctly or else they are held void and a solicitor can best advise to on how to proceed.
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