Q&As

Is a commercial lease for a term of 15 years, which contains a tenant break option to determine the lease on each anniversary of the term commencement date, capable of being excluded from the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954), or would this be deemed to be an uncertain term?

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Published on LexisPSL on 31/07/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Is a commercial lease for a term of 15 years, which contains a tenant break option to determine the lease on each anniversary of the term commencement date, capable of being excluded from the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954), or would this be deemed to be an uncertain term?

To be capable of being contracted out from the security of tenure given to business tenants under Part II of the Landlord and Tenant Act 1954 (LTA 1954), a lease must be for a term of years certain. A lease for a term of years certain (which is also known as a lease for a ‘term of years’ or for a ‘term certain’) may include an option for one or both parties to determine the lease before the contractual expiry date.

In relation to a lease for a term of years, Halsbury’s Laws of England states that:

‘The duration of the term must

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