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.

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