Agreement to exclude security of tenure -
at least 14 days’ notice

Both you and your prospective landlord have done a deal whereby you agree that your new lease is to exclude the provisions of the Landlord and Tenant 1954 Act. Use our form to achieve this.

Advice

It’s perfectly legal to exclude the Act - known as “contracting out”. What this means, if you’re a tenant, is that when your lease ends, you’ll have no automatic right to demand a new lease from your landlord. They can, quite legitimately, refuse your request. In order to give tenants some protection so that they know what they’re getting into if they agree to contract out, the Act requires any landlord to serve a warning notice at least 14 days before the lease starts. To confirm that this has been done, the tenant has to sign a simple declaration to confirm that they’re aware of the consequences of contracting out.

Tip

When you’re negotiating the terms of your new lease, don’t just agree with your landlord’s wishes to contract out. Contracting out from a landlord’s perspective is good news because they’re free to let the premises to whoever they like when the lease ends. As a tenant who’s contracted out this could mean that if you like the premises and want to stay put, the landlord has you over a barrel and could demand a higher rent from you. Therefore, if you’re asked to contract out, demand something in return for giving up your rights under the Act, e.g. a lower rent, less onerous repairing obligations etc.