Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Business premises definition

What does Business premises mean? In practice, business premises are the place or places from which a trader operates, whether a fixed site (for example, a shop or office) or a mobile site (such as a market stall or vehicle) used in the trader’s normal course of business. In consumer protection law this term is defined. In the UK (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) and in Ireland (European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013), a trader’s business premises means: - immovable retail premises where the activity of the trader is carried out on a permanent basis; or - movable...

Contracting out of business tenancies under the Landlord and Tenant Act 1954 (England and Wales): procedure, timing, tenant declarations, endorsement requirements, guarantors and surrenders, common pitfalls, and anticipated reforms

Published by a LexisNexis Property expert

Practice notes

This Practice Note examines how to contract out of the Landlord and Tenant Act 1954 (LTA 1954), flags typical traps that may arise during that process, and suggests ways to steer clear of them.

Why contract out?

LTA 1954 granted business occupiers security of Tenure—meaning a continuing right to remain in their premises once the contractual term of the lease expires. A landlord that lets to a tenant with the protection of security of tenure can only terminate and recover possession by complying with the procedures prescribed by LTA 1954. Even then, the landlord must prove one of the narrow statutory grounds for possession set out in LTA 1954, s 30, and achieving possession will often entail paying compensation to the tenant. As a result, a tenant with LTA 1954 security of tenure is in a very powerful bargaining position where the landlord seeks vacant possession (for example, to redevelop the property), and a protected tenant’s occupation can cause delay and increase the cost of any scheme proposed by the landlord. Securing possession in these circumstances is often time-consuming and costly. To end such a lease, the landlord must still follow the LTA 1954 procedures and establish a limited ground under...

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Web page updated on 21/05/2026

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