3 April 2023 by

Review of Landlord and Tenant Act expected

The Law Commission is expected to publish a review of the Landord and Tenant Act 1954 in December 2023.

The Landlord and Tenant Act 1954 is a central piece of legislation relevant to all business leaseholders of commercial property.  It provides a statutory framework around the granting, renewal and termination of commercial leases.  It also provides an important right of security of tenure for business tenants, i.e. the right to a new lease (subject to a number exceptions).  However, it is possible for landlords to exclude a tenant’s ‘security of tenure’ from the lease and it is becoming more common for landlords to do so.  This lack of security can be very problematic for business tenants whose businesses are already affected by a catalogue of financial pressures and a fast-changing operational landscape.

Many of those involved in the commercial property industry are eagerly awaiting this new review (due for release December 2023) which is to be commissioned by the Department for Levelling Up, Housing and Communities (DLUHC) and proposes to examine part of the Landlord and Tenant Act 1954.

How could the review affect commercial landlords and tenants?

It is anticipated that the review will highlight how outdated the current legislative framework is and provide proposals for modernisation and simplification which will aim to aid regeneration of town centres and support small businesses.  It is also hoped that the review will propose legislative changes that not only align with the current and ongoing substantial changes in the commercial property market but also create more extensive use of the legislation than is currently the case.

If you have any queries about how the Landlord and Tenant Act 1954 applies to your lease, please contact our expert Commercial Real Estate team.

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