Landlord & Tenant Act 1954

Question 1

Which sections of the act do you have to contract out of to avoid security of tenure?

Answer 1

Sections 24-28

Question 2

How do you contract out?

Answer 2

If a Tenant fulfils the criteria in the LTA 1954 + the lease is granted for a fixed term

The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (SI 2003/3096) sets the procedure for the Landlord and Tenant to contract out of the security of tenure provisions

1. Statutory declaration - The Landlord serves a warning notice on the Tenant less than 14 days before the lease/agreement for lease is completed. The Tenant then acknowledges the notice and confirms that they wish to contract out of the LTA 1954 by swearing a statutory declaration.
2. Simple declaration - The Landlord serves a warning notice on the Tenant more than 14 days before the lease/agreement for lease is completed. The Tenant then gives the acknowledgement and confirmation with a simple declaration.

Question 3

What are Section 25 or 26 notices and what are their relevant timescales?

Answer 3

25 Termination of tenancy by the landlord
26 Termination of tenancy by the tenant

6-12 months

Question 4

Section 30 grounds meaning?

Answer 4

sets out 7 grounds upon which a commercial landlord can oppose the grant of a new lease to a commercial tenant who, provided they satisfy the requirements of Part 2 LTA 1954, would be entitled to a renewal lease at the end of the contractual term

The grounds of opposition are as follows

(a) the tenant has obligations in relation to repair and maintenance under the current lease and the property is in disrepair;

(b) there has been a persistent delay in the payment of rent;

(c) the tenant has been/is in breaches of other terms of the existing lease;

(d) the landlord is able to provide suitable alternative accommodation;

(e) the tenancy was created by a sub-letting;

(f) the landlord intends to demolish or reconstruct the property and it is not possible without the landlord recovering possession;

(g) the landlord intends to occupy the property or part of the property for the purposes of its own business or as its residence.

compensation for disturbance is payable for grounds e, f and g