Contracting out

If a landlord and tenant agree to exclude or ‘contract out’ from the security of tenure provisions of sections 2428 of the Landlord and Tenant Act 1954 (LTA 1954) the landlord must serve a ‘warning notice’ on the tenant, explaining that security of tenure will not apply. The tenant must sign a declaration to confirm that it has understood and agrees to the exclusion of its statutory rights/excluding security of tenure.

If the lease will be completed within 14 days after the landlord’s warning notice, the tenant’s declaration must be sworn as a statutory declaration.

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