Q&As
Where a business lease has expired can the tenant holding over assign their rights under the Landlord and Tenant Act 1954 to a third party?
Business tenancy
A commercial tenancy which is a ‘business tenancy’ attracts security of tenure under the provisions of the Landlord and Tenant Act 1954 (LTA 1954). A business tenancy is one where the property is occupied for the purposes of a trade or profession within the meaning of LTA 1954, s 23 (see Practice Note: LTA 1954 business lease renewal—termination), unless:
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it is specifically excluded by reason of LTA 1954, s 43, or
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the parties have contracted out the provisions of LTA 1954, under section 38—see: Contracting out—overview
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occupation is as licensee or tenant at will
Where security of tenure applies, the end of the contractual term does not mean the end of the tenancy. The
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