Q&As

A landlord is about to grant a contracted out tenancy to a tenant, who has been in occupation for approximately nine months while terms were being agreed for the lease. The tenant has not paid rent in that period. Should the statutory declaration for the purposes of the Landlord and Tenant Act 1954 state the term commencement date as the date on which the tenant took occupation of the premises?

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Produced in partnership with Jonathan Edwards of Radcliffe Chambers
Published on LexisPSL on 28/09/2016

The following Property Q&A produced in partnership with Jonathan Edwards of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • A landlord is about to grant a contracted out tenancy to a tenant, who has been in occupation for approximately nine months while terms were being agreed for the lease. The tenant has not paid rent in that period. Should the statutory declaration for the purposes of the Landlord and Tenant Act 1954 state the term commencement date as the date on which the tenant took occupation of the premises?
  • LTA 1954 and contracting out
  • Occupation by prospective tenant prior to execution of the lease
  • The term date to be stated in the statutory declaration

A landlord is about to grant a contracted out tenancy to a tenant, who has been in occupation for approximately nine months while terms were being agreed for the lease. The tenant has not paid rent in that period. Should the statutory declaration for the purposes of the Landlord and Tenant Act 1954 state the term commencement date as the date on which the tenant took occupation of the premises?

LTA 1954 and contracting out

Most business tenancies where the tenant occupies the premises have statutory security of tenure under Landlord and Tenant Act 1954 (LTA 1954), which imposes a process that must be followed to bring the tenancy to an end, even after the expiry of a fixed term. It does not apply to tenancies at will. The degree of security afforded by LTA 1954 can be valuable for tenants. However, it is not uncommon for the parties to agree that as part of their bargain these provisions of LTA 1954 will not apply to a fixed term tenancy.

Contracting out of LTA 1954 is not as simple as inserting words to that effect in the lease document. The requirements are outlined in LTA 1954, s 38A, which refers to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, SI 2003/3096. A notice in the prescribed form must be served by the landlord on the

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