Commercial property
Landlord and Tenant 1954 Act
A brief overview of the Landlord and Tenant 1954 Act and its practical implications for landlords and tenants.
What is the 1954 Landlord and Tenant Act?
The Landlord and Tenant Act 1954 gives commercial tenants the right to a lease renewal at the end of the contractual term of a lease and the ability to remain in occupation at the property. This provides the tenant with security of tenure. It should be noted that the 1954 Act applies to written and oral tenancy agreements.
What is security of tenure?
Security of tenure benefits the business tenant by securing business continuity. This is because the tenancy will not automatically come to an end and will continue on the same terms under the tenancy until renewed or terminated in accordance with the Act.
Does the 1954 Landlord and Tenant Act cover residential houses?
The Landlord and Tenant Act 1954 only applies to commercial business tenancies, it does not apply to residential tenancies.
How can I get my tenant out of my commercial property?
If you are a landlord, you will only be able to oppose a tenant’s request for a lease renewal on certain grounds which carry strict criteria which must be satisfied.
One of the most frequently used grounds for opposing a lease renewal is Section 30(1)(f) (Ground (f)) of the Landlord and Tenant Act 1954, where the landlord must provide substantial evidence of an intention to redevelop or reconstruct the property. This must be a firm and settled intention, rather than merely an idea. In a leading case the Court said that the landlord must prove its genuine intention to carry out works at the date of the trial, showing evidence such as plans and drawings for the development, financing and a building contract. Each case turns on its own facts.
How can I avoid giving a tenant security of tenure?
It is possible for a lease to be “contracted outside” the 1954 Act, meaning that the tenant will have no right to remain in occupation or renew the lease at the end of the contractual term. The tenant will therefore need to vacate the property or have completed a new lease by the end of the contractual term.
The 1954 Act status of a commercial tenant’s occupation of a property has significate repercussions on both a tenant’s and landlord’s rights at the end of the term of a lease. This status should be carefully considered in terms of business planning, repair obligations and the level of rental applied to any tenancy.
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Legal 500 UK 2025
South East - Essex
I have dealt specifically with Jane Winfield who is always extremely prompt in replying to emails and telephone calls. She explains everything in a very clear and down to earth manner and always works to expedite manners as quickly as possible which from past dealings with solicitors I find very refreshing. I would not hesitate to recommend her.
Legal 500 UK 2024
Essex
Jane Winfield is very knowledgeable, and highly professional. She has been an absolute asset in negotiating a new commercial lease.
Legal 500 UK 2024
Essex
Jane Winfield played a massive part in the progress of the sale, bringing together other members of her team to deal with sensitive and delicate areas of the sale. Absolutely outstanding solicitors.
J Wootton
Brentwood
'We have used Jane Winfield & her team from Tees, Brentwood twice now. on both occasions, her attention to detail has been exceptional. Jane will often spot details or errors that others have missed. She has always worked tirelessly to get us completed before deadlines & is always polite, courteous & extremely pleasant to work with. I would not hesitate to recommend Jane & will use her again for any future commercial property needs'
M Devlin
Brentwood
'Working with Jane Winfield at Tees Lew on our commercial law needs was a total game-changer. She knows her stuff and made all the legal information super easy to understand. She was always just a call or email away when we had questions. Big thumbs up to Jane! If you're looking for someone who pays attention to detail, stick to timelines and is approachable, she’s your person'
Melanie Caroll
Brentwood
'Tees have managed our legal affairs over many years in connection with the old Wortley Byers office which was owned by the family. They advised us when we needed to set up a new lease for a new tenant after the expiry of the previous 25 year lease, and most recently, advised us on the successful sale of the property to our existing tenant. This last was not without its challenges, but Jane Winfield and her colleagues steered us to completion on the desired date'
Legal 500 UK 2023
'Jane Winfield has been very helpful, providing guidance with options and recommendations in a timely manner'
R Baker
Brentwood
'Thank you for all your help I’ve been very pleased with all the service that you have supplied and I would not hesitate to recommend you and your company to anyone else. As I have already. Thank you again, Jane'
Crystal Balkwell
Brentwood
We have used Tees Since last year they have been very professional and competent in all the work they have undertaken for us of selling a commercial property I would definitely use them again and thank them for all the hard work that was involved.
Rob Mullings
Brentwood
'I have used Tees Law for the last three years in relation to the lease of my business. Jane Winfield took on the task of securing our most recent one. Jane was so efficient, hard working and responsive during the discussions and made it a seamless process. Thank you, Jane. I highly recommend Tees Law'
Lynda Simms, Robert Kukla Spedition UK Limited
Brentwood
'We contracted Jane Winfield of Tees Law to assist with the legal paperwork necessary for our new office lease contract. Jane has been both diligent and knowledgeable, always working with the best interests of our business in mind. First class service always and I wouldn’t hesitate to recommend Jane or Tees Law'
Mrs. Khan
Dagenham
At this point I would like to say to Jane Winfield thank you so much for your support and hard work all throughout In this process. We loved the way you have showed your expertise and knowledge and has made us very comfortable.
Tracey
Brentwood
We will of course be using your services from now on. You have indeed provided an excellent quality service and we look forward to working with you and Tees Law for many years to come.
Mr Jeganathan
Brentwood
We approached you after 6 months of difficulties with our old solicitors and we were directed to Jane Winfield who has been tremendous from the offset. She made instant progress, kept us informed on a daily basis, exceeding expectations. The service was excellent and efficient.
Nordic Sky
Tonbridge, Kent
Many thanks again for speed of transaction on acquisition of the lease!! Made all the difference. Can’t tell you how much we both appreciated that.
John and Barbara Gilmurray
Essex
We are very grateful to you for your patience and sound professional advice during the drawn-out assignment process and have no doubt that we will need your services again in the future. We were so fortunate to have Jane Winfield’s help.