Thank you for contacting us.
We will get back to you as soon as possible.

Contact us


You acknowledge that by submitting your details via this page, you consent to us processing your personal data in accordance with our privacy policy.

Landlord and Tenant Act 1954 Part II

Landlord and Tenant Act 1954 Part II

The procedure for “contracting out”

The notice

The warning notice must be in the prescribed form and served on the tenant (by the landlord or its solicitors) or in case of joint tenants on each of them individually. The notice must include the tenant’s full name and address in case of an individual and in case of a company, its name, registration number and registered address. The notice can also be served on the tenant’s agent i.e. a person authorised by the tenant to accept service of the warning notice.

The declaration

When a warning notice is served on the tenant, it must make a declaration that it understands what rights it is giving up. The declaration can be either statutory or simple. If the notice is served at least 14 days before the new lease is entered into, the tenant can make a simple declaration, otherwise is must make a statutory declaration. The statutory declaration must be made in front of an independent solicitor (not someone at the firm instructed by the tenant) or commissioner for oaths for a fee of £5. Solicitors generally insist that a statutory declaration is made to avoid the argument as to the validity of the notice if the same is not dated. As in the case of the warning notice, the declaration must be in the prescribed form.

 The declaration can be made either by the tenant or by a person authorised by the tenant to do so. In case of a company, it will need to be an individual, a director as it will have the necessary authority to do so. If the lease is taken in the name of an individual that person must make a declaration. It is common practice that the tenant authorises in writing its solicitor to make the declaration on its behalf.

Can the notice be served, the declaration sworn and lease completed on the same day?

Yes, provided that the “contracting out” procedure took place first and the lease was completed following on from that.

Read Part I 

For advice on leases, please contact Agata Marosz.

Please note the contents of this blog are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances. 

Keep It In The Family (Friday 18 October 2019)
18 Oct 2019 - posted in Events

Are you thinking about updating your will or worried about inheritance tax?

Read more
Quiz guests raise £2750 for charity
14 Oct 2019 - posted in News

Quizzers at the annual Longmores Charitable Foundation Quiz raised an impressive £2750 beating last year’s total.

Read more
Great results for Longmores in the Legal 500 rankings
27 Sep 2019 - posted in News

The Legal 500 rankings have been released today for their UK 2020 guide with Longmores achieving rankings for five of its practice areas and eleven...

Read more