Q&As

If a tenant is occupying a property under a continuation of a lease that has the benefit of security of tenure under the LTA 1954, and wishes to serve a section 26 notice on the landlord, can the tenant unilaterally then assign its rights to a new lease under the section 26 notice to a buyer of its business? Or would the tenant be obliged to conform with the provisions in the original lease with regard to assignment (ie to obtain landlord consent etc)?

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Published by a ³ÉÈËÓ°Òô Property expert
Published on: 09 September 2016
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This Q&A raises the nature of the interest which a tenant enjoys when its lease is continued under Part 2 of the Landlord and Tenant Act 1954 (LTA 1954).

Whenever a tenant occupies premises for the purposes of a business which it carries on there, or in which an individual who has a controlling interest carries it on where the tenant is a company, then the lease has the protection of the LTA 1954 and will continue until brought to an end in accordance with the LTA 1954’s provisions (LTA 1954, s 23–24). As the tenancy ‘does not come

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
security definition
What does security mean?

money deposited to ensure that the defendant attends court;

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