Q&As

Will a lift and shift clause in the event of redevelopment be void if the lease is not contracted out? Will it be operative if the lease contains reference to the notice and declaration under section 38A(4)(a)–(b) of the Landlord and Tenant Act 1954?

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Published on LexisPSL on 30/11/2016

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

  • Will a lift and shift clause in the event of redevelopment be void if the lease is not contracted out? Will it be operative if the lease contains reference to the notice and declaration under section 38A(4)(a)–(b) of the Landlord and Tenant Act 1954?

Will a lift and shift clause in the event of redevelopment be void if the lease is not contracted out? Will it be operative if the lease contains reference to the notice and declaration under section 38A(4)(a)–(b) of the Landlord and Tenant Act 1954?

The lift and shift clause is essentially a landlord’s break for redevelopment (albeit with an obligation for the landlord to grant a new lease of alternative premises).

If the lease is validly contracted out the break is valid provided, of course, that the landlord complies sufficiently with the terms of the clause, including the notice provisions.

The break is not void if the lease is not contracted out. However, if the tenant has protection under Part II of the Landlord and

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