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ARTICLE · 06 JUNE 2025

Reforming Security Of Tenure

Travers Smith LLP
Travers Smith LLP
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Since last summer, the Law Commission has been reviewing the workings of the security of tenure regime within Part II of the Landlord and Tenant Act 1954 (the "LTA 1954").

United KingdomReal Estate and Construction

The Law Commission's project

Since last summer, the Law Commission has been reviewing the workings of the security of tenure regime within Part II of the Landlord and Tenant Act 1954 (the "LTA 1954"). Its goal was to modernise the regime so that it would become a facilitating framework to support the efficient use of space in high streets and town centres, and to foster a positive relationship between landlords and tenants.

What is the security of tenure regime within Part II of the Landlord and Tenant Act 1954?

Under Part II of the Landlord and Tenant Act 1954, a tenant that occupies premises for the purposes of its business has security of tenure. This means the tenancy will continue after its expiry provided that the tenant remains in occupation, and the tenant can apply for a new tenancy. If the parties agree that this regime will not apply to a lease, they can follow a statutory procedure to "contract out" of it before the lease is granted.

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