Exclusion of Security of Tenure – Simple Declaration to be Made by Tenant

Simple Declaration by Tenant Regarding Security of Tenure

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This Simple Declaration by Tenant Regarding Security of Tenure is one of two alternative declarations a tenant must make in response to a Landlord’s Notice for Exclusion of Security of Tenure. The other type of declaration is the Statutory Declaration by Tenant Regarding Security of Tenure. The Security of Tenure Guide explains when and how to use the simple and statutory declarations. 

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 Simple Declaration is made in response to the Landlord’s Notice to Exclude Security of Tenure. In it, the tenant confirms that it has received and read the Landlord’s Notice and accepts the consequences of entering into a lease with no security of tenure.

This Simple Declaration by Tenant Regarding Security of Tenure is in open format. Simply enter the relevant details where indicated by dotted lines and then sign the Declaration. The remainder of the form (starting from “Notice that sections 24 to 28 etc”) should not be altered.

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