Q&As

A buyer is purchasing a commercial property and contracts have been exchanged. The tenant of the property has been in occupation under a business tenancy protected under the Landlord and Tenant Act 1954 (LTA 1954). The seller served a section 25 notice stating they would not oppose the grant of a new lease. However, the tenant has made no application, a new lease has not been agreed and all the agreed extensions to do so have now expired. In this scenario, has the tenant lost their right to security of tenure?; when the buyer completes the purchase of the property, assuming they want the tenant to vacate, does the buyer still need to apply for a court order against the tenant (and would that require a notice to quit)? or can the buyer simply peaceably re-enter the property?; would the buyer be able to pursue the tenant for damages for the tenant's occupation when their protection under LTA 1954 expired?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 01/03/2018

The following Property Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • A buyer is purchasing a commercial property and contracts have been exchanged. The tenant of the property has been in occupation under a business tenancy protected under the Landlord and Tenant Act 1954 (LTA 1954). The seller served a section 25 notice stating they would not oppose the grant of a new lease. However, the tenant has made no application, a new lease has not been agreed and all the agreed extensions to do so have now expired. In this scenario, has the tenant lost their right to security of tenure?; when the buyer completes the purchase of the property, assuming they want the tenant to vacate, does the buyer still need to apply for a court order against the tenant (and would that require a notice to quit)? or can the buyer simply peaceably re-enter the property?; would the buyer be able to pursue the tenant for damages for the tenant's occupation when their protection under LTA 1954 expired?

A buyer is purchasing a commercial property and contracts have been exchanged. The tenant of the property has been in occupation under a business tenancy protected under the Landlord and Tenant Act 1954 (LTA 1954). The seller served a section 25 notice stating they would not oppose the grant of a new lease. However, the tenant has made no application, a new lease has not been agreed and all the agreed extensions to do so have now expired. In this scenario, has the tenant lost their right to security of tenure?; when the buyer completes the purchase of the property, assuming they want the tenant to vacate, does the buyer still need to apply for a court order against the tenant (and would that require a notice to quit)? or can the buyer simply peaceably re-enter the property?; would the buyer be able to pursue the tenant for damages for the tenant's occupation when their protection under LTA 1954 expired?

Where a landlord has served a valid notice

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