It would remove business tenancy protection. Effectively, expiry of the lease would leave T with no right to remain [cf a common-law residential letting outside the Housing Act 1988]. L may not want T to have any security.
Yes, it's a perfectly valid procedure. Yes, it would stand up in court. As to both, however, L has to serve T with a preliminary warning Notice [cf ground 1 in Schedule 2 to the 1988 Act]. If this is a renewal and such exclusion did not appear in the old lease, T should resist its appearance in the new lease.
JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
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