Agreement to Exclude Security of Tenure in a Business Lease

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Notice that sections 24 to 28 of the Landlord and Tenant Act 1954 are not to apply to a business tenancy (to be completed, signed and provided by the Landlord to the Tenant)

From:

________ whose address for service of proceedings and notices is:

________

incorporated with company registration number ________

To:

________ whose address for service of proceedings and notices is:

________

incorporated with company registration number ________

Description of premises:

The premises is described as follows:

________

The premises is located 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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Date:


Signed by ________ for and on
behalf of ________:


Simple Declaration that sections 24 to 28 of the Landlord and Tenant Act 1954 are not to apply to a business tenancy (to be completed, signed and provided by the Tenant to the Landlord)

I, ________ (on behalf of ________) of

________

declare as follows.

1. ________ proposes to enter into a tenancy of premises at

________

for a term commencing on ________.

2. ________ proposes to enter into an agreement with ________ to surrender the tenancy on a date or in circumstances specified in the agreement.

3. The landlord has, not less than 14 days before I enter into the tenancy, or become contractually bound to do so, served on ________ a notice in the form, or substantially in the form, set out in Schedule 3 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003. ________ produces with this declaration a copy of the notice marked with the initials of the signatory to this agreement.

4. The tenant has 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. ________ is the tenant.

Declared on....................................

Signed by ________:




Preview your document

Notice that sections 24 to 28 of the Landlord and Tenant Act 1954 are not to apply to a business tenancy (to be completed, signed and provided by the Landlord to the Tenant)

From:

________ whose address for service of proceedings and notices is:

________

incorporated with company registration number ________

To:

________ whose address for service of proceedings and notices is:

________

incorporated with company registration number ________

Description of premises:

The premises is described as follows:

________

The premises is located 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).

528288 25252 88 5 82288288 525822 225 8222822822 22558282 22 252 82582 822225, 225 252 8885 22 582 252 85258255 22 58828 225 52 82582 22 5528 22 82288525 8522525 225 8885 22 2882 52 2255 825252252 582528. 52 225 2522 5288525 22 22 55255 8825 252 525222222 22 2588552 252 2522282822 22 252 25258255 525 522522 882 2822, 225 82585 2282 2225 22 2522 5 882282 52885552822, 525 225 82585 222 2225 22 2522 5 82255522 88882 22 52 82522225222 828888225.

Date:


Signed by ________ for and on
behalf of ________:


Simple Declaration that sections 24 to 28 of the Landlord and Tenant Act 1954 are not to apply to a business tenancy (to be completed, signed and provided by the Tenant to the Landlord)

I, ________ (on behalf of ________) of

________

declare as follows.

1. ________ proposes to enter into a tenancy of premises at

________

for a term commencing on ________.

2. ________ proposes to enter into an agreement with ________ to surrender the tenancy on a date or in circumstances specified in the agreement.

3. The landlord has, not less than 14 days before I enter into the tenancy, or become contractually bound to do so, served on ________ a notice in the form, or substantially in the form, set out in Schedule 3 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003. ________ produces with this declaration a copy of the notice marked with the initials of the signatory to this agreement.

4. The tenant has 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. ________ is the tenant.

Declared on....................................

Signed by ________: