Security of Tenure Explained

The general rule with commercial leases is that there is very little protection for tenants. Security of tenure is an area of the law that helps to protect tenants and here at Hattons we can offer you specialist advice relating to this and explain your rights to you.

Security of Tenure Provides Protection for Tenants

Security of tenure provides protection to tenants once their lease comes to an end. The law regarding security of tenure states that once a lease ends, the tenant has the right to make an application to the court for a new lease to be granted if the landlord is unwilling to grant a new lease.

Security of Tenure Means Landlords Have No Automatic Right to Regain Possession of Property

Security of tenure means that Landlords have no automatic right to regain possession of the property. If the landlord wishes to regain possession of the property then they must make an application to the court. As part of the landlord's application they need to demonstrate that they intend to regain possession for one of the specific reasons the law specifies.

Security of Tenure Governed by Landlord and Tenant Act 1954

Security of tenure is governed by the Landlord and Tenant Act 1954. However, the protection that the lease gives to tenants under security of tenure can be excluded by an agreement between the parties in the lease. Tenants need to be aware that the exclusion of this protection and indeed the law indicates that the landlord must serve a notice on the tenant of the implications and the tenant must make a declaration acknowledging that they understand the implications.

Hattons Can Offer Specialist Legal Advice Regarding Security of Tenure

It is always advisable for both parties to seek specialist legal advice in relation to security of tenure.

Click here to read more about Hattons business property law services.

Written by Matthew Smith- Property Solicitor

If you would like more information about security of tenure please call 08000 111 303 or alternatively visit www.hattonslaw.com

Categories: Business Property

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