Excluding Security of Tenure from a Lease

The documents in this subfolder are concerned with excluding security of tenure from a lease. It may be a requirement of the landlord that the lease be excluded from the security of tenure provisions of the Landlord and Tenant Act 1954.

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 guidance in this folder explains the procedure a landlord and tenant must follow. The forms that need to be completed are included below.

• Guidance on Excluding Security of Tenure
• Landlord’s Notice to Exclude Security of Tenure
• Tenant’s Simple Declaration Regarding Security of Tenure
• Tenant’s Statutory Declaration Regarding Security of Tenure
• Landlord’s Notice to Guarantor to Exclude Security of Tenure
• Guarantor’s Simple Declaration Regarding Security of Tenure
• Guarantor’s Statutory Declaration Regarding Security of Tenure

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