If you have a troublesome commercial tenant you may be thinking you can at least remove them when the lease expires but there are some cases where this may not be the case. Infact you may find yourself stuck with them for a lot longer if you haven’t excluded an important clause in the lease agreement.
You may find there are something called security of tenure provisions that will give tenants the right to renewal. Landlords should pay close attention to the provisions set out in the Landlord and Tenant Act 1954 (the LTA 1954) and whether or not they are excluded from the commercial lease. If they are not a landlord will effectively lose the right to bring an end to the tenancy if the tenant wishes to renew and they don’t wish to go through costly and time-consuming procedures to force the tenant out.
To prevent this, the LTA 1954 should be excluded from the commercial lease from the outset via a notice sent to the tenant notifying them that this will be the case. For the exclusion to be finalised, the tenant will need to make a statutory declaration that they don’t have any objections.
If you require help removing troublesome tenants please contact us today.