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United Kingdom

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Key definition

Tenure definition

What does Tenure mean? Tenure, in property practice, describes whether land is held as freehold or leasehold and the legal basis of that holding, indicating a fee simple estate (freehold) or a term of years (leasehold). In England & Wales and Northern Ireland, while grounded in the historic feudal relationship to the Crown, modern usage is descriptive and shown on the land register as freehold or leasehold; there is no single statutory definition. In Scotland, feudal tenure was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (in force 28 November 2004); practitioners speak of ownership (heritable property) or lease, and “tenure”...

s.38A statutory declaration: commencement on pre‑grant occupation?

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LTA 1954 and contracting out

Most commercial tenancies where the occupier is the tenant benefit from statutory security of Tenure under the Landlord and Tenant Act 1954 (LTA 1954). This framework sets out a procedure that must be followed to end the tenancy, even after a fixed term has run its course. It does not cover tenancies at will. The level of protection provided by the LTA 1954 can be advantageous for tenants. That said, it is common for the parties to decide, as part of their agreement, that these LTA 1954 protections will not apply to a fixed term tenancy. Excluding the LTA 1954 is not accomplished simply by adding wording to that effect in the lease. The necessary steps are specified in LTA 1954, section 38A, which refers to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, SI 2003/3096...

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Jonathan Edwards

Radcliffe Chambers

Jonathan Edwards practises at Radcliffe Chambers in Lincoln’s Inn. He specialises in contested probate, claims to trust and estate assets, claims for partnership and estate accounts, property litigation including landlord and tenant, and insolvency and commercial disputes.He is regularly instructed to represent clients in the High Court and County Court, and has been instructed to assist with proceedings in Jersey. Cases in which he has acted include Taylor v Taylor [2017] EWHC 1080 (Ch) and Burki v Seventy Thirty Limited [2018] EWHC 2151 (QB)....

Web page updated on 27/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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