The Law Commission has published the first Consultation Paper as part of the Business Tenancies: the right to renew project.
It is seeking views on possible options to reform Part 2 of the Landlord and Tenant Act 1954, including:
- Pros and cons of the current “contracting-out” model of security of tenure.
- Three alternative models: mandatory security of tenure, abolition of security of tenure and a “contracting-in” model
- Whether or not the types of business tenancy which can benefit from security of tenure are the right ones.
The consultation closes on 19 February 2025. Download the full Consultation Paper here, and a summary here.
A second, technical Consultation Paper will consider in detail how the recommended model and any change in scope would work. Timings will be confirmed after responses to the first paper have been analysed.
There is also a short survey to help understand the impact of the 1954 Act on the current commercial leasehold market.
Members views are requested by Friday 20 December - please send these to lucy.whing@brc.org.uk.
Representatives from the Law Commission will attend the December Property Community to discuss the consultation with members. Please get in contact if you would like to receive the invitation for the meeting.