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Statutory Declaration: Exclude Tenure Rights

This document is a statutory declaration for a tenant to exclude security of tenure under the Landlord and Tenant Act 1954 when entering into a lease. It emphasizes the importance of understanding the legal implications of giving up security of tenure, including the lack of rights to remain in the premises after the lease ends. Tenants are advised to seek professional advice before committing to such an agreement and must sign a declaration acknowledging the consequences of their decision.

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5 views2 pages

Statutory Declaration: Exclude Tenure Rights

This document is a statutory declaration for a tenant to exclude security of tenure under the Landlord and Tenant Act 1954 when entering into a lease. It emphasizes the importance of understanding the legal implications of giving up security of tenure, including the lack of rights to remain in the premises after the lease ends. Tenants are advised to seek professional advice before committing to such an agreement and must sign a declaration acknowledging the consequences of their decision.

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STATUTORY DECLARATION TO EXCLUDE SECURITY OF TENURE

1. I,____________________ of ____________________ propose(s) to enter into a tenancy of premises at


______________________________ for a term commencing on __________.

2. The tenant propose(s) to enter into an agreement with _______________ 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 served on me/the tenant 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 below.

4. The tenant has read the notice referred to in paragraph 3 above and accept(s) the consequences of entering into the
agreement referred to in paragraph 2 above.

Signed _________________________

DECLARED this _____ day of _______________


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, you will need to sign a simple
declaration that you have received this notice and have accepted its consequences, before signing the lease.

But if you do not receive at least 14 days notice, 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).

Unless there is a special reason for committing yourself to the lease sooner, you may want to ask the landlord to let
you have at least 14 days to consider whether you wish to give up your statutory rights. If you then decided to go
ahead with the agreement to exclude the protection of the Landlord and Tenant Act 1954, you would only need to
make a simple declaration, and so you would not need to make a separate visit to an independent solicitor.

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