Dealing with Security of Tenure

These Dealing with Security of Tenure documents can be used to help landlords consider the importance of considering whether to give an occupier the right to remain in a commercial property at the end of a lease term.  This is known as security of tenure and where a tenant has this, there are only a number of statutory grounds on which the landlord can oppose a lease renewal, for example, persistent delays in rent payments, repair issues, suitable other premises offered to the tenant, etc.

Generally on the grant of a lease the tenant automatically has security of tenure unless the landlord and tenant agree that the lease can be granted without security of tenure.  Within the Importance of Security of Tenure documents there is guidance covering the process which must be followed to exclude security of tenure.  A failure to follow this procedure risks the tenant acquiring security of tenure. Beside the guidance, the mandatory landlord's "health warning" notice and tenant declaration forms which need to be used are available. These forms are essential to evidencing that the landlord has made the tenant aware and that the tenant confirms their awareness of the consequences of excluding security of tenure.  

Please click on the links below to view the available documents.

For use in England and Wales only

• Guidance on Excluding Security of Tenure
• Landlord’s Notice to Exclude Security of Tenure
• Tenant’s Simple Declaration Regarding Security of Tenure
• Tenant’s Statutory Declaration Regarding Security of Tenure

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