Q&As

The prospective tenant of lease to be contracted out of the Landlord and Tenant Act 1954 needs to swear a statutory declaration. Can the declarant swear this via Skype or do they need to be in the physical presence of the independent solicitor?

read titleRead full title
Produced in partnership with Jonathan Edwards of Radcliffe Chambers
Published on LexisPSL on 26/03/2020

The following Property Q&A produced in partnership with Jonathan Edwards of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • The prospective tenant of lease to be contracted out of the Landlord and Tenant Act 1954 needs to swear a statutory declaration. Can the declarant swear this via Skype or do they need to be in the physical presence of the independent solicitor?
  • The requirements of the Landlord and Tenant Act 1954
  • The requirements of the Statutory Declarations Act 1835
  • Conclusion

The requirements of the Landlord and Tenant Act 1954

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for limited security of tenure for business tenancies. The detail of what tenancies benefit from this protection and how the protection operates are outside the scope of this Q&A. LTA 1954, s 38A(1) provides that it is permissible for the parties to contract out of that regime, but LTA 1954, s 38A(3) provides that such an agreement to contract out will be void unless certain requirements are met.

The substance of the requirements is contained in the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (the 2003 Order), SI 2003/3096, Sch 2. A notice in the prescribed form must be served.

If that notice is served at least 14 days before the tenant enters into the tenancy (or becomes contractually bound to enter into it) then the necessary declaration for the tenant or an authorised person to sign is that at the 2003 Order, SI 2003/3096, Sch 2, para 7. This is not required to be a statutory declaratio

Related documents:

Popular documents