Agreement to Exclude Security of Tenure in a Business Lease - Word & PDF Template Form

LANDLORD'S NOTICE TO EXCLUDE SECURITY OF TENURE

(Served pursuant to section 38A(3)(a) of the Landlord and Tenant Act 1954 and paragraph 2 of Schedule 1 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003)

TO (the Tenant):

________

of

________

Company registration number (if applicable): ________

FROM (the Landlord):

________

of

________

Company registration number (if applicable): ________

THE PREMISES:

The premises at:

________

The proposed term of the tenancy is ________ commencing on or about ________.

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).

The advice given in this notice does not constitute legal advice and is provided solely to satisfy the requirements of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003. You are strongly advised to obtain your own independent professional advice before agreeing to give up the protection afforded by sections 24 to 28 of the Landlord and Tenant Act 1954.

SIGNED for and on behalf of the Landlord:

________________________________

Signature of ________

Name and capacity of signatory: ________

Date of service of this notice: ________

DECLARATION TO EXCLUDE SECTIONS 24 TO 28 OF THE LANDLORD AND TENANT ACT 1954

(In the form set out in Schedule 2 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 – to be completed where the notice above is served not less than 14 days before the Tenant enters into the tenancy or becomes contractually bound to do so)

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.

3. The Landlord has, not less than 14 days before I enter into the tenancy, or (if earlier) become contractually bound to do so, served on me a notice in the form, or substantially in the form, set out in Schedule 1 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003. The form of notice set out in that Schedule is reproduced above.

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. (delete as applicable) I am the Tenant / I am duly authorised by the Tenant to make this declaration.

DECLARED at ________ this ________ (day) ________ (month) ________ (year).

SIGNATURE OF TENANT (or person duly authorised by the Tenant):

______________________________

________

Name and capacity of signatory (if signing on behalf of the Tenant): ________

STATUTORY DECLARATION TO EXCLUDE SECTIONS 24 TO 28 OF THE LANDLORD AND TENANT ACT 1954

(In the form set out in Schedule 4 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 – to be completed where the notice above is served less than 14 days before the Tenant enters into the tenancy or becomes contractually bound to do so. This declaration must be made before an independent solicitor or other person empowered to administer oaths.)

I, ________ of

________

do solemnly and sincerely 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.

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.

5. (delete as applicable) I am the Tenant / I am duly authorised by the Tenant to make this declaration.

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1835.

DECLARED at ________ this ________ (day) ________ (month) ________ (year).

SIGNATURE OF DECLARANT:

______________________________

________

Name and capacity of signatory (if signing on behalf of the Tenant): ________

BEFORE ME:

______________________________

Signature of person before whom the declaration is made

Name: ________

Address: ________

Qualification (e.g. solicitor / commissioner for oaths / notary public): ________