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.

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.

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

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