Tenant’s Statutory Declaration Regarding Security of Tenure
This Tenant’s Statutory Declaration Regarding Security of Tenure is one of two types of declaration a tenant must make in response to a Landlord’s Notice to Exclude Security of Tenure. The alternative type of declaration is the Tenant’s Simple Declaration Regarding Security of Tenure. The Guidance on Excluding Security of Tenure explains when the simple and statutory declarations should be used.
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 Tenant’s Statutory Declaration Regarding Security of Tenure 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.
See the Guidance on Excluding Security of Tenure for details of the procedure that must be followed in order to ensure that the tenant does not acquire security of tenure.
This Tenant’s Statutory Declaration is in open format. Simply enter the relevant details where indicated by dotted lines on the first half of page 1 and then sign the Declaration on page 2 in the presence of a solicitor or a commissioner for oaths. (The solicitor or commissioner is likely to make a charge of around £10 for witnessing the statutory declaration.) The remainder of the form (starting from “Notice that sections 24 to 28 etc.”) should not be altered.
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