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What is it?

Our package includes the following three notices:

Notice 1 – Landlord’s Notice to Contract Out of the LTA 1954

Under the LTA 1954, Sections 24 to 28 have very prescribed terms and strict rules governing the termination and renewal of Business Tenancy Agreements as well as alterations to the rent for both the Landlord and the Tenant.

Since 2003, it has been possible to use this Notice, (The Landlord’s Warning Notice) along with the Tenants Notices, (See below) to contract out of these strict requirements. This Notice has to be served by the proposed Landlord and then the proposed Tenant has to serve an additional Notice, either Notice 2 or Notice 3 below.

Notice 2 – Tenant Agreeing to Contract Out of the LTA 1954 – Simply Declaration

After the proposed Landlord has served on the proposed Tenant Notice 1 above, the proposed Tenant has two options. They can either wait 14 days before they sign the actual Commercial Lease to seek any legal advice should they wish to do so and reflect upon their position. In which case they simply need to sign this Simple Declaration, or if they want to sign the Commercial Agreement before the 14 days have expired they must complete Notice 3 below.

Notice 3 – Tenant Agreeing to Contract Out of the LTA 1954 – Statutory Declaration

This Notice is used when the proposed Landlord has served Notice 1 above, seeking to exclude the Commercial Lease from the LTA 1954 and the proposed Tenant is in full agreement with the proposal and wishes to sign the Commercial Lease as soon as possible. With this Notice, the proposed Tenant needs to swear the Declaration in front of a person empowered to administer oaths, usually a Solicitor. This confirms their understanding of the document and the consequences of contracting out of the LTA 1954.

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