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ARTICLE · 20 JUNE 2025

Overriding Interest Summer 2025

K&L Gates
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On 19 November 2024, the Law Commission published its first consultation paper considering whether a tenant's right to renew a business tenancy (security of tenure) under Part 2 of the Landlord and Tenant Act 1954...

European UnionReal Estate and Construction
K&L Gates
K&L Gates

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THE LAW COMMISSION CONSULTATION PAPER: BUSINESS TENANCIES AND THE RIGHT TO RENEW

On 19 November 2024, the Law Commission published its first consultation paper considering whether a tenant's right to renew a business tenancy (security of tenure) under Part 2 of the Landlord and Tenant Act 1954 (the LTA 1954) is still fit for purpose. This is the first of two consultations, and it looks at the fundamental question of whether business tenants should have security of tenure and, if so, how it should operate. The scope of the second consultation will depend upon the outcome of the first.

The current position allows business tenants to renew their tenancies, provided that Part 2 of the LTA 1954 is not excluded or "contracted out" of the tenancy. The paper sets out the following alternative models and considers their advantages and disadvantages:

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