Landlord’s Notice to Exclude Security of Tenure

This Landlord’s Notice to Exclude Security of Tenure is the prescribed statutory notice a landlord must serve if the tenant is to be granted a lease that does not benefit from security of tenure.

In general, tenants of commercial premises have security of tenure, which means they have the right to remain in occupation of the premises at the end of the term of the lease and can apply to court for a new lease to be granted. The landlord can only resist such an application on certain grounds. However, the landlord and tenant can agree that the lease will be granted without security of tenure.

The Landlord’s Notice includes a “health warning” advising tenants of the consequences of entering into a lease with no security of tenure.

The tenant will then need to sign one of two declarations before committing to the lease: a Tenant’s Simple Declaration Regarding Security of Tenure if it received the notice at least 14 days before, or a Tenant’s Statutory Declaration Regarding Security of Tenure if it did not.

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