How Secure Is Security Of Tenure?

Defining Security Of Tenure

Security of Tenure is a great way for commercial tenants to get protection from being evicted. If a lease comes to an end, the tenant still exercises the right to occupy the property. If a lease has already expired, the tenant is still within the legal right to occupy the property. Without a court order, the tenant is still legally allowed to stay in the property and continue to trade. There are exceptional cases that can lead to a court order eviction.

Advantages Of Securing Tenancy

The advantages of securing tenancy with Security of Tenure is that the landlord has limited powers over the occupancy. So the landlord cannot use any pretext to have the tenant evicted. Extreme circumstances will still require a court order. If you’re a tenant running a business, you’re protected until you are ready to move to another property. Landlords who refuse tenancies with security of tenure will likely be protecting their own control over the property occupation. This means that the tenant needs to vacate the property when the lease expires, with detrimental effects on the business.

How To Stop Security Of Tenure

If you’re a commercial tenant and your lease has expired, security of tenure gives you the automatic right of occupancy. In order for the landlord to reclaim the property, a written notice will have to be issued. The landlord cannot ask you to leave without reasonable written notice. You may wish to agree with the landlord the length of notice required, so it doesn’t affect your business. This could be included in the lease agreement so the lease is protected by Security of Tenure.

The Landlord And Tenant Act 1954

Under The Landlord And Tenant Act 1954, commercial tenants can exercise the right to remain in the premises and continue to trade without risk of being evicted. Without notice, the landlord cannot ask a tenant to leave. But whether you’re a landlord or tenant, we’d like to hear from you. Our solicitors can help you right from the start with a lease agreement.

Make An Enquiry

Call us now on 020 7113 4003 or complete our Online Enquiry and we will be delighted to talk with you about your legal matter.

Free Enquiry

Back to all news

Share Article With:

Make An Enquiry

    Global Excellance Awards

    Client Reviews

    DG Law were fantastic throughout our purchase process. We had a short, fixed, timeline to

    DG Law supported us through a very difficult contractual negotiation to achieve exactly the outcome

    We were very pleased with the way that DG Law helped us on our transaction

    DG Law resolved a difficult lease renewal for us and their services were excellent –

    I needed understanding and experienced legal advice. DG Law provided an excellent service at a

    My experience was second to none – the service was professional and personal. DG Law

    DG Law always step up to the plate on our transactions and handle the various

    DG Law was recommended to me and my partner and I received excellent advice –

    Having worked with DG Law a number/couple of times now, I have been really impressed

    DG Law were constantly at hand, and kept pro-active throughout the thorny process of getting

    DG Law came recommended to me and whilst setting up a new business it was

    We were recommended three lawyers to handle the sale of our seven year old successful

    Why Choose Us?

    We live by our core values of transparency, flexibility and being honourable – every day

    We put ourselves in your shoes so we understand your problems from the inside out

    We deliver our advice in a way that is easy to understand