Lawbite: Reform of business tenancies – interim statement released
June 04, 2025
Lawbite: Reform of business tenancies – interim statement releasedJune 04, 2025 SummaryThe Law Commission has today (4 June 2025) issued an interim statement giving an indication of the direction of reform of the Landlord and Tenant Act 1954 (1954 Act). Security of TenureThe 1954 Act gives business tenants a right to renew their tenancies on expiry of their existing tenancies, known as “security of tenure”. This is an automatic right which applies to most business tenancies unless they are granted for a short term or the parties to the tenancy agree that they “contract out” of the right. The agreement to “contract out” needs to be reached before the tenancy is granted. The ConsultationsOn 19 November 2025, the Law Commission published a consultation paper launching a wide-ranging review of Part II of the 1954 Act. This was the first of two consultation papers in this project, the second is awaited. Law Commission's provisional conclusions:
The first consultation asked whether business tenants should still have security of tenure and, if so, should this remain a “contracted-out” (opt-out) option or should it, for example, be optional (opt-in).
The Law Commission’s provisional view is that the existing list of excluded tenancies (i.e. tenancies that do not benefit from security of tenure) should remain unchanged. This list includes, for example, agricultural tenancies.
Currently, tenancies of up to six-months are excluded from the security of tenure protection in the 1954 Act. Although consultees’ views were mixed, the Law Commission is of the view that this six-month minimum term threshold for protection should be increased. In its second consultation paper, the Law Commission expects to consult on increasing the threshold to two years. What's next?The provisional conclusions reached by the Law Commission are not surprising given that in its first consultation paper it highlighted that it would look for significant evidence to justify departing from the existing “contracting-out” model before making any recommendation to do so.
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