For use in England and Wales only. Use this landlord's notice to exclude security of tenure when you do not want tenants to re-lease your property once their current lease is up. This landlord's... ... Read more
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How to Make a Landlord's Notice to Exclude Security of Tenure
For use in England and Wales only.
Use this landlord's notice to exclude security of tenure when you do not want tenants to re-lease your property once their current lease is up. This landlord's notice to exclude security of tenure under the Landlord and Tenant Act 1954 states that a tenant forfeits the automatic right to another lease when their existing lease comes to a natural end. This notice also covers when the contract is completed but not yet signed and when the tenant has not moved in yet. The legal information that must be covered when dealing with security of tenure is included in this document.
Use this landlord's notice to exclude security of tenure:
This landlord's notice to exclude security of tenure covers:
Security of tenure gives a tenant the right to remain in the property (ie to renew their tenancy when the commercial lease comes to an end).
A notice excluding security of tenure is the formal notice by which a landlord decides to exclude the tenant's statutory right to a new commercial lease when the existing lease comes to an end.
If the landlord does not expressly exclude security of tenure, the tenant will have a statutory right to a new lease, and the landlord can only refuse to grant a new lease on certain strict grounds. Issuing a proper notice to exclude security of tenure ensures that the tenant waives their right to stay in the premises when the lease ends.
By forfeiting their right to security of tenure, the tenant:
The decision to exclude security of tenure should be made at the start of negotiations between the landlord and the tenant when the tenant has not moved in yet.
The notice to exclude security of tenure should be issued at least 14 days before the start of the lease, ie when the lease is agreed and ready for signature, but not completed yet.
If the tenant receives the notice at least 14 days before committing to the lease, they'll need to sign a declaration stating that they have received the notice and that they accept its consequences, before signing the lease.
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