Outside Landlord & Tenant Act

Written by katina blue
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Outside Landlord & Tenant Act
Negotiating outside of the Landlord and Tenant Act can cause a tenant to forfeit specific rental rights. (law courts image by Peter Helin from Fotolia.com)

The Landlord and Tenant Act of 1954 -- created by the United Kingdom Parliament -- is a legislation that governs landlord and tenant contracts for commercial leases. When a landlord and tenant agree on contract terms that are contrary to the provisions of The Act, it is referred to as going outside The Act.

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Purpose

Agreeing on terms outside of the Landlord and Tenant Act gives landlords more flexibility with regard to terms of a lease. Instead of creating a lease agreement according to legislation, a landlord and tenant can negotiate a mutual lease that is still legally binding.

Example

Under the Landlord and Tenant Act, a tenant is allowed to remain on the premises of a rented commercial property beyond the time designated on the lease. If a tenant agrees to leave a property when a lease expires and signs written documents specifying this, he is no longer protected by The Landlord and Tenant Act.

Additional Amendments

Initially, lease agreements that were contradictory to The Act's legislation were filed with and approved by a local court before becoming legally binding, but amendments added in 2004 removed the need for court approval of commercial lease agreements made outside of The Act's provisions. Now, landlords can submit a written agreement to a tenant, and once he responds, the contract is binding.

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