Q&As

Amending contracted-out leases under the Landlord and Tenant Act 1954

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Produced in partnership with Carl Fain of Tanfield Chambers
Published on: 30 July 2021

Can a lease which has been contracted out of the security of tenure provisions of the Landlord and Tenant Act 1954 be amended with a deed of variation? Does the statutory contracting out process need to be followed and documented?

The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on in their premises after the expiry of the contractual term of the lease. LTA 1954, s 38 contains strict anti-avoidance provisions and provides that any agreement (whether contained in the tenancy agreement or not) relating to a tenancy to which LTA 1954 applies and which purports to prevent the tenant from claiming security of tenure, or penalises the tenant for doing so, will be void. The single exception to this is LTA 1954, s 38A which provides that the landlord

Carl Fain
Carl Fain chambers

Tanfield Chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes.

Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
security definition
What does security mean?

money deposited to ensure that the defendant attends court;

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