Q&As

Is there a simple solution where a statutory declaration has not been made as part of a completion which includes entering into a Landlord and Tenant Act 1954 contracted out lease? The parties intended that the declaration should have been made, the lease correctly refers to it and the tenant received the relevant notices.

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 23/11/2018

The following Property Disputes Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • Is there a simple solution where a statutory declaration has not been made as part of a completion which includes entering into a Landlord and Tenant Act 1954 contracted out lease? The parties intended that the declaration should have been made, the lease correctly refers to it and the tenant received the relevant notices.

Is there a simple solution where a statutory declaration has not been made as part of a completion which includes entering into a Landlord and Tenant Act 1954 contracted out lease? The parties intended that the declaration should have been made, the lease correctly refers to it and the tenant received the relevant notices.

Section 38A of the Landlord and Tenant Act 1954 (LTA 1954) provides that:

‘(1) The persons who will be the landlord and the tenant in relation to a tenancy to be granted for a term of years certain which will be a tenancy to which this Part of this Act applies [ie. Pt. II] may agree that the provisions of sections 24 to 28 of this Act shall be excluded in relation to that tenancy…

(3) An agreement under subsection (1) above shall be void unless—

(a) the landlord has served on the tenant a notice in the form, or substantially in the form, set out in Schedule 1 to the Regulatory Reform (Business tenancies) (England and Wales) Order 2003 (RRO 2003, SI 2003/3096); and

(b) the requirements specified in Schedule 2 to that Order are

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