The Landlord & Tenant Act 1954 sets out a formal procedure for the renewal of business leases. Most commercial lease renewals are subject to this procedure unless the parties have specifically stated otherwise in the lease (‘contracting out’).
The Landlord and Tenant Act 1954 gives commercial tenants security of tenure and the right to renew the tenancy when it comes to an end. If the landlord and tenant agree that there should be a new tenancy, but cannot agree on its terms, either can apply to the court for a new tenancy. Or if the tenant wants a new tenancy, but the landlord refuses to grant one, the tenant can apply to the court. The court will then settle the rent and the other terms of the new tenancy.
Landlords can oppose renewal of the tenancy on certain grounds. Some are to do with the tenant’s own conduct – for example, failure to pay rent. Others are to do with the landlord’s needs – for example, where landlords want to redevelop premises or get them back for their own use. Landlords can either apply to the court to end the tenancy, or can oppose the tenant’s application for renewal. The court will decide whether the landlord has grounds for opposing renewal, and whether or not to order a new tenancy.
The procedure for renewing a tenancy is complex. There are specific requirements and crucial time limits which, if not met, may affect a parties’ right to, or right to object to, the proposed new lease. Our lawyers are well versed in all the relevant laws and procedures and take all steps necessary to ensure that a client’s interests in relation to the proposed new lease are protected.
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