Agreement to Exclude Security of Tenure in a Business Lease

NOTICE TO EXCLUDE SECURITY OF TENURE

TO:

________

of

________

FROM:

________

of

________

THE PREMISES:

The premises at:

________

IMPORTANT NOTICE

You are being offered a lease without security of tenure. Do not commit yourself to the lease unless you have read this message carefully and have discussed it with a professional adviser.

Business tenants normally have security of tenure – the right to stay in their business premises when the lease ends.

If you commit yourself to the lease you will be giving up these important legal rights.

• You will have no right to stay in the premises when the lease ends.
• Unless the landlord chooses to offer you another lease, you will need to leave the premises.
• You will be unable to claim compensation for the loss of your business premises, unless the lease specifically gives you this right.
• If the landlord offers you another lease, you will have no right to ask the court to fix the rent.

It is therefore important to get professional advice – from a qualified surveyor, lawyer, or accountant – before agreeing to give up these rights.

If you want to ensure that you can stay in the same business premises when the lease ends, you should consult your adviser about another form of lease that does not exclude the protection of the Landlord and Tenant Act 1954.

If you receive this notice at least 14 days before committing yourself to the lease then you will need to sign a simple declaration that you have received with this notice and have accepted its consequences, before signing the lease.

But, if you do not receive at least 14 days, notice then you will need to sign a "statutory" declaration. To do so, you will need to visit an independent solicitor (or someone else empowered to administer oaths).

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SIGNED:

________________________________

________

SIMPLE DECLARATION TO EXCLUDE PART II OF THE LANDLORD AND TENANT ACT 1954

I, ________ of

________

declare that:

1. I, ________ (the Tenant), propose to enter into a tenancy of premises at:

________

for a term commencing on ________.

2. I propose to enter into an agreement with ________ (the Landlord) that the provisions of sections 24 to 28 of the Landlord and Tenant Act 1954 (security of tenure) shall be excluded in relation to the tenancy.

3. The Landlord has, not less than 14 days before I enter into the tenancy, or become contractually bound to do so, served on me a notice in the form, or substantially in the form, set out in Schedule 1 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003. The form of notice set out in that Schedule is reproduced above.

4. I have read the notice referred to in paragraph 3 above and accept the consequences of entering into the agreement referred to in paragraph 2 above.

5. I am the tenant and I am authorised to make this declaration.

DECLARED this ____ (day) _________________ (month)_____________(year)

SIGNATURE:

______________________________

________