Form of Notice that Sections 24 to 28 of the Landlord and Tenant Act 1954 are not to Apply to a Business Tenancy [LTBT1]
Paper - L&T35 Form of Notice that Sections 24 to 28 of the Landlord and Tenan
This is a landlord's notice to a tenant warning them of loss of protection under sections 24-28, Landlord & Tenant Act 1954
1. L&T35 is a form of notice served by the landlord on the tenant, that excludes the provisions of sections 24 to 28 the Landlord and Tenant Act 1954 (LTA 1954), which deals with security of tenure, which is the right of the tenant to stay in their business premises when the lease ends.
2. In order to exclude security of tenure the parties must follow a strict set of procedures:*
a. The landlord must serve L&T35 on the tenant at least 14 days before the tenant enters into the tenancy or becomes contractually bound to do so. This form contains an important notice to tenants informing them that security of tenure is excluded and the implications of contracting out. It is recommended that the tenant seek specialist legal advice about the effect of any notice and what action should be taken to protect their position under the LTA 1954.
b. If the tenant agrees that the provisions of ss. 24 to 28 of the LTA 1954 shall be excluded, the tenant should sign a simple declaration (L&T35A) proposing to enter into an agreement with the landlord to exclude the tenancy from security of tenure, that he or she has received and read the Schedule 1 warning notice and has accepted the consequences of entering into the agreement. The declaration does not need to be independently witnessed.
c. Where both parties want to enter into an agreement to exclude security of tenure without waiting for the expiry of the 14 days mentioned above, it is possible to do so, subject to additional safeguards for the tenant. These involve the making of a statutory declaration (L&T35B) in front of a solicitor or commissioner for oaths and is suitable for cases where the tenant needs to occupy the premises quickly.
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