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Disputes over the renewal of leases need careful handling to ensure they are swiftly resolved and do not escalate and become costly.
A commercial lease or business tenancy agreement does not automatically end once the fixed term expires – provided it’s protected by the Landlord and Tenants Act 1954 (LTA 1954) and satisfies certain conditions under the act.
If it is protected, the tenancy will continue to run on the same terms until it has been correctly terminated by the commercial landlord or tenant.
Tenants of business premises usually have a right to apply for a new lease when their existing lease comes to an end unless the lease has been contracted out of the provisions in the Landlord and Tenant Act 1954 (LTA 1954).
Some business tenancies expressly state they are not protected by the LTA 1954 – this is known as ‘contracting out’. In this case, the tenancy will end unless the commercial landlord or tenant correctly renew the lease
If the lease has not been contracted out, either the commercial landlord or the tenant can renew the tenancy, but they will need to comply with the provisions of the LTA for renewing the lease. These provisions of Section 25 and Section 26 notices are strict and can become complex, so it is advisable for both parties to seek advice from a solicitor to avoid pitfalls.
If you are in negotiation regarding lease renewal or termination, whether you are a commercial landlord or a tenant, we can advise and represent you in the event of a dispute.
Contact Charlotte Green on 01827 317071 or cgreen@pickerings-solicitors.com.
