Agreement to Exclude Security of Tenure in a Business Lease

This document provides the required notices and declarations to allow a landlords in England and Wales to exclude the provisions of sections 24 to 28 of the Landlord and Tenant Act 1954. These sections (which will be excluded under this agreement), will usually provide a business/commercial tenant with the right to remain in the premises and the right to renew the lease at the end of its allotted term. The effect of serving these notices and receiving the declarations, is to allow the landlord to evict a business tenant at the expiry of the term of the lease between them. This document and the agreement is for use where the lease is a businesses lease agreement only (and cannot be used for residential leases).

The document provides the required terms for such notices to be valid, and provides a declaration, to be completed by the tenant (or tenants if more than one), in the correct form depending upon whether the required 14 day notice period prior to commencing the lease has been provided.

How to use this document

The process should be commenced by the landlord sending a signed copy of the first notice contained within the document, which should be enclosed together with the forms for the tenant(s) to sign.

The tenant(s) should then read the notice and the declaration before completing, signing and returning the declaration form. Copies of the completed forms should be retained by all parties.

The method which the tenant(s) must use to sign the agreement will depend upon the amount of notice they receive from the landlord prior to the lease or agreement for lease completing. Where:

(A) the notice is sent by the landlord less than 14 days prior to the lease completing or before an agreement for lease is completed (usually completion will take place where the landlord and tenant(s) have signed the lease and all sums payable have been made), the declaration must be made through a statutory declaration on behalf of the tenant(s). A statutory declaration is a written statement of fact that is signed by a person who holds the power to make a statutory declaration (usually a solicitor or a Commissioner for Oaths);

(B) the notice is sent by the landlord more than 14 days prior to the lease completing or before an agreement for lease completing, the tenant(s) can simply sign the agreement.

This document will create the relevant option in conjunction with the amount of notice which will be given to the tenant(s).

It is important to note that the agreement must be finalised (i.e the landlord must have provided notice, and the tenant(s) must have signified their agreement) prior to the date which a party will be contractually bound to take the lease. For example, this will be prior to any of the applicable circumstances:

• the completion of a lease or renewal of a lease; or
• the exchange of an agreement for lease; or
• the tenant going into occupation of the property pending completion of the terms of a lease.

Where the above procedures and timeframes are not followed, the agreement will not be valid.

Any applicable law

The Landlord and Tenant Act 1954

The Statutory Declarations Act 1835

The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.