Business lease renewal—renewal by agreement under section 28
Business lease renewal—renewal by agreement under section 28

The following Property Disputes guidance note provides comprehensive and up to date legal information covering:

  • Business lease renewal—renewal by agreement under section 28
  • Agreement for a future tenancy
  • Agreement must be enforceable
  • Options and conditional contracts

Tenancies which are protected by the Landlord and Tenant Act 1954 (LTA 1954) will not come to an end unless terminated in one of the ways sanctioned by LTA 1954. A tenancy will cease to be protected, however, if an agreement is made for the grant of a future lease of the land.

For general guidance on tenancies that are protected by LTA 1954 and how they can be ended, see Practice Note: LTA 1954 business lease renewal—termination.

Agreement for a future tenancy

Where the landlord and tenant agree for the grant to the tenant of:

  1. a future tenancy of the holding, or of the holding with other land

  2. on terms, and from a date, specified in the agreement

the current tenancy continues until that date but no longer, and is not a tenancy to which the statutory protection of LTA 1954 applies. It will therefore end on its contractual expiry date and the tenant will then rely on the agreement for the new tenancy.

Agreement must be enforce