Guidance on Excluding Security of Tenure

This Guidance on Excluding Security of Tenure outlines the procedure a landlord and tenant/guarantor must follow in order to grant a lease without security of tenure.

Typically, tenants of commercial premises enjoy security of tenure, entitling them to remain in occupation beyond the lease term and apply for a new lease through the court if necessary. However, landlords and tenants can mutually agree to waive security of tenure when granting lease and must follow a set procedure. 

This Guidance looks at the three-step procedure that the landlord and tenant/guarantor must follow in order to ensure that the tenant does not acquire security of tenure.

The Law Commission is to conduct a wide review on Security of Tenure in 2024/2025 with a view to modernising commercial leasehold legislation.

This Guidance on Excluding Security of Tenure is locked. If you are using Microsoft Office 2003 or older, the document can be unlocked by clicking on the “Padlock” icon on the tool bar. To display the “Padlock” icon click on “View” and then “Toolbars”. From the “Toolbars” menu, select “Forms”.

Users of Microsoft Office 2007 must first click on the “Review” tab to reveal the “Protect Document” button. From the “Permissions” panel that opens, click on the “Stop Protection” button.

Once you have purchased access to the appropriate document folder click on the “Download Document” button below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.

Guidance on Excluding Security of Tenure is part of Property Documents. Just £35.00 + VAT provides unlimited downloads from Property Documents for 1 year.