Q&As

Where a business lease has expired can the tenant holding over assign their rights under the Landlord and Tenant Act 1954 to a third party?

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Produced in partnership with Christopher Snell of New Square Chambers
Published on LexisPSL on 19/09/2018

The following Property Disputes Q&A produced in partnership with Christopher Snell of New Square Chambers provides comprehensive and up to date legal information covering:

  • Where a business lease has expired can the tenant holding over assign their rights under the Landlord and Tenant Act 1954 to a third party?
  • Business tenancy
  • Assignment
  • Effect of Assignment on the Landlord and Tenant Act 1954
  • Precedents

Where a business lease has expired can the tenant holding over assign their rights under the Landlord and Tenant Act 1954 to a third party?

Business tenancy

A commercial tenancy which is a ‘business tenancy’ attracts security of tenure under the provisions of the Landlord and Tenant Act 1954 (LTA 1954). A business tenancy is one where the property is occupied for the purposes of a trade or profession within the meaning of LTA 1954, s 23 (see Practice Note: LTA 1954 business lease renewal—termination), unless:

  1. it is specifically excluded by reason of LTA 1954, s 43, or

  2. the parties have contracted out the provisions of LTA 1954, under section 38—see: Contracting out—overview

  3. occupation is as licensee or tenant at will

Where security of tenure applies, the end of the contractual term does not mean the end of the tenancy. The tenant is entitled to remain in occupation, and to call for a new lease, unless the landlord can rely on one or more of the very limited statutory grounds for regaining possession. See Commentary: Continuation: Claims to the Possession of Land

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