Excluding Part II of Landlord and Tenant Act 1954

[David.Cousins]

As a company we have occupied a plot of land for over 6 years and have never had a formal lease. The landlord is now pressuring us to sign a lease that excludes the Landlords and Tenants act 1954 sections 14 - 28. As a novice to leases what will this mean to us?

Many thanks to anyone who can help

[mla]

I think it means that you will no longer have the right to renew the lease when it comes due. And the landlord can ask you to vacate the property without compensating you.

[daveyjp]

It should also mean a more competetive rent! Get in touch with a chartered surveyor asap.

[Editor]

David,
You have occupied the land under a business tenancy arrangement for 6 years, albeit without a written lease agreement.
That puts you as tenant in a very strong position, as it's very unlikely that your tenancy has been excluded from the Act - meaning you have security of tenure.
The landlord is now attempting to end the tenancy and have you sign on new terms, and have you agreeing to be exluded from the Act. That's not in your interests.
The landlord can go through the process of bringing your existing tenancy to an end, but he must offer you a new one on similar terms - unless he can satisfy one of the grounds for possession - not an easy process.
As you are already in occupation, that puts you in a strong negotiating position, and the landlord in a weak one.
I recommend you get a good property solicitor if it comes to ending and renewal - see our Directory - "Solicitors and Legal"
http://www.landlordzone.co.uk/dir/solicitors-legal.htm