The Landlord and Tenant Act 1954 governs business tenancies and has been in force for over 60 years. What does the Act mean in the world of commercial leases?
The Act governs the rights and obligations of landlords and tenants of premises occupied for business purposes. At the end of the lease, a business tenant has the right to remain in occupation and can apply to the Court for the grant of a new lease, but the landlord’s right to possession still exists under certain circumstances.
Where a business tenant seeks to continue a lease which was near the expiry of term, the tenants is entitled to a new lease, on similar terms to the previous lease, and at market rent.
Landlords can still oppose the request by a tenant to continue its business lease, but only in appropriate circumstances. The right to possession applies most commonly if:
- substantial refurbishment or redevelopment is to be carried out, or
- the landlord wishes to occupy the premises.
If a Landlord seeks to terminate a business lease, that can result in compensation payable to the tenant.
Why choose Edwards Duthie Shamash?
Seeking advice from the outset before entering in to a business lease is essential. Understand your rights in respect of security under the tenancy, and the methods of possession of the lease. Assess the commercial market and know your legal rights. Edwards Duthie Shamash can advise on your lease, and the terms of continuing your right to remain in your business premises post expiry of the lease.