Q&As

If a tenant has a business lease of a fixed term of seven months it is capable of having security of tenure under the Landlord and Tenant Act 1954 (LTA 1954). However, in that situation the tenant would not be able to request a new tenancy under LTA 1954, s 26. Does the tenant in this situation simply have the right to stay in occupation but not request a new lease?

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Produced in partnership with Paul Cole of Clyde & Co
Published on LexisPSL on 09/12/2020

The following Property Disputes Q&A produced in partnership with Paul Cole of Clyde & Co provides comprehensive and up to date legal information covering:

  • If a tenant has a business lease of a fixed term of seven months it is capable of having security of tenure under the Landlord and Tenant Act 1954 (LTA 1954). However, in that situation the tenant would not be able to request a new tenancy under LTA 1954, s 26. Does the tenant in this situation simply have the right to stay in occupation but not request a new lease?

If a tenant has a business lease of a fixed term of seven months it is capable of having security of tenure under the Landlord and Tenant Act 1954 (LTA 1954). However, in that situation the tenant would not be able to request a new tenancy under LTA 1954, s 26. Does the tenant in this situation simply have the right to stay in occupation but not request a new lease?

You are correct that the tenant cannot serve a valid section 26 request for a new lease where its tenancy was granted for a fixed term of a year or less, see section 26(1) of the Landlord and Tenant Act 1954 (LTA 1954). The same

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