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?

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Produced in partnership with Christopher Snell of New Square Chambers
Published on: 19 September 2018
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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:

  1. it is specifically excluded by reason of LTA 1954, s 43, or

  2. the parties have contracted out the provisions of LTA 1954, under section 38—see: Contracting out—overview

  3. 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

Christopher Snell
Christopher Snell

Advice and representation in all areas of commercial and chancery litigation.

Instructed on behalf of both retail and investment banks [including BNY Mellon; HSBC; Royal Bank of Scotland] in relation to a variety of commercial issues.

Retained in relation to a wide range of international disputes; including disputes in the Bahamas; Isle of Man; BVI and Kuwait.

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Jurisdiction(s):
United Kingdom
Key definition:
Landlord definition
What does Landlord mean?

A person who grants a lease.

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