NOTICE TO EXCLUDE SECURITY OF TENURE
TO:
________
of
________
FROM:
________
of
________
THE PREMISES:
The premises at:
________
IMPORTANT NOTICE
You are being offered a lease without security of tenure. Do not commit yourself to the lease unless you have read this message carefully and have discussed it with a professional adviser.
Business tenants normally have security of tenure – the right to stay in their business premises when the lease ends.
If you commit yourself to the lease you will be giving up these important legal rights.
- You will have no right to stay in the premises when the lease ends.
- Unless the landlord chooses to offer you another lease, you will need to leave the premises.
- You will be unable to claim compensation for the loss of your business premises, unless the lease specifically gives you this right.
- If the landlord offers you another lease, you will have no right to ask the court to fix the rent.
It is therefore important to get professional advice – from a qualified surveyor, lawyer, or accountant – before agreeing to give up these rights.
If you want to ensure that you can stay in the same business premises when the lease ends, you should consult your adviser about another form of lease that does not exclude the protection of the Landlord and Tenant Act 1954.
If you receive this notice at least 14 days before committing yourself to the lease then you will need to sign a simple declaration that you have received with this notice and have accepted its consequences, before signing the lease.
But, if you do not receive at least 14 days, notice then you will need to sign a "statutory" declaration. To do so, you will need to visit an independent solicitor (or someone else empowered to administer oaths).
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SIGNED:
________________________________
________
SIMPLE DECLARATION TO EXCLUDE PART II OF THE LANDLORD AND TENANT ACT 1954
I, ________ of
________
declare that:
1. I, ________ (the Tenant), propose to enter into a tenancy of premises at:
________
for a term commencing on ________.
2. I propose to enter into an agreement with ________ (the Landlord) that the provisions of sections 24 to 28 of the Landlord and Tenant Act 1954 (security of tenure) shall be excluded in relation to the tenancy.
Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor.
4. I have read the notice referred to in paragraph 3 above and accept the consequences of entering into the agreement referred to in paragraph 2 above.
5. I am the tenant and I am authorised to make this declaration.
DECLARED this ____ (day) _________________ (month)_____________(year)
SIGNATURE:
______________________________
________