Possession of LTA 1954 excluded tenancy

Copyright © 2026 LexisNexis

A tenant will lose the right to remain in occupation of a commercial property after the expiry of the contractual term in the following situations:

  1. •

    the lease is contracted out of the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954)

  2. •

    the lease is not contracted out of the security of tenure provisions of LTA 1954, but the tenant does not satisfy the criteria for a continuation lease in LTA 1954, s 23 (see Practice Note:

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Property Disputes News

RICS publishes fourth edition of service charge residential management code

The Royal Institution of Chartered Surveyors (RICS) has published the fourth edition of its Service Charge Residential Management Code, effective 7 April 2026. The updated code sets out a framework for residential property management in England where occupiers pay variable service charges. It introduces new sections and guidance reflecting developments in professional practice, as well as legislative changes arising from the Building Safety Act 2022 and the Leasehold and Freehold Reform Act 2024. The code applies to landlords, managing agents, self-managed blocks, residents’ management companies and right to manage companies. The previous (third) edition will continue to apply to disputes reviewed by the First‑tier Tribunal relating to acts or omissions occurring before 7 April 2026. Some provisions may also be superseded as further legislation comes into force.

King’s Bench Division publishes King’s Bench Guide 2026

The King’s Bench Division has published the King’s Bench Guide 2026, the twelfth edition of its guide to the working practices of the King’s Bench Division, providing updated practical guidance for those practising or litigating in the Division.

Minutes of the CPR Committee meeting—6 February 2026

Dispute Resolution analysis: The minutes of the Civil Procedure Rule Committee (CPRC) meeting of 6 February 2026 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover issues including housing conditions PAP amendments following ‘Awaab’s Law’, civil enforcement reform work arising from the Civil Justice Council (CJC) report, contempt of court developments, proposed amendments to CPR 64 and work on transitional provisions across the CPR.

Minutes of the OPR Committee meeting—19 January 2026

Dispute Resolution analysis: The minutes of the Online Procedure Rule Committee (OPRC) meeting of 19 January 2026 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including expansion of the OPRC’s rulemaking powers, next steps following consultation on the draft Online Procedure (Core Rules and Practice Directions) 2026, HMCTS progress on meeting the OPRC’s requirements (including integration of property tribunal and possession services), sub-committee workstream and governance arrangements, and an update on the private family law digital project.

View Property Disputes by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

What is the status of a lease with an uncertain term, in particular can it validly exclude the provisions

What is the status of a lease with an uncertain term, in particular can it validly exclude the provisions of the Landlord and Tenant Act 1954 and how can it be terminated?A lease with an uncertain term is void. It is therefore not subject to the Landlord and Tenant Act 1954 (LTA 1954) and it does

Section 40 information requests

Section 40 information requestsA landlord or a tenant may need information about the other’s interest in the property prior to serving a valid notice to renew or to end a tenancy. Either party can serve a section 40 notice requesting information from the other.Why serve a section 40 notice?If a

Where a tenant authorises its solicitor to swear a statutory declaration to exclude Part II of the

Where a tenant authorises its solicitor to swear a statutory declaration to exclude Part II of the Landlord and Tenant Act 1954, is there a required form of written authority, or, for example, would an email suffice? Can a trainee solicitor be so authorised?It is common for the tenant's solicitor to

Section 25 notices—checklist

Section 25 notices—checklistThis is a checklist for service of a section 25 notice by a landlord under the Landlord and Tenant Act 1954 (LTA 1954) terminating a tenancy.Has the correct form, including the appropriate warning notices to tenants, been used?There are different types of section 25
What is the status of a lease with an uncertain term, in particular can it validly exclude the provisions

What is the status of a lease with an uncertain term, in particular can it validly exclude the provisions

What is the status of a lease with an uncertain term, in particular can it validly exclude the provisions of the Landlord and Tenant Act 1954 and how can it be terminated?A lease with an uncertain term is void. It is therefore not subject to the Landlord and Tenant Act 1954 (LTA 1954) and it does

Section 40 information requests

Section 40 information requests

Section 40 information requestsA landlord or a tenant may need information about the other’s interest in the property prior to serving a valid notice to renew or to end a tenancy. Either party can serve a section 40 notice requesting information from the other.Why serve a section 40 notice?If a

Where a tenant authorises its solicitor to swear a statutory declaration to exclude Part II of the

Where a tenant authorises its solicitor to swear a statutory declaration to exclude Part II of the

Where a tenant authorises its solicitor to swear a statutory declaration to exclude Part II of the Landlord and Tenant Act 1954, is there a required form of written authority, or, for example, would an email suffice? Can a trainee solicitor be so authorised?It is common for the tenant's solicitor to

Section 25 notices—checklist

Section 25 notices—checklist

Section 25 notices—checklistThis is a checklist for service of a section 25 notice by a landlord under the Landlord and Tenant Act 1954 (LTA 1954) terminating a tenancy.Has the correct form, including the appropriate warning notices to tenants, been used?There are different types of section 25