L&T36 - Form of Notice that an Agreement to Surrender a Business Tenancy is to be Made - [LTBT4]

Last EFIS release: 22/2004 (May 2004)

Form status: New/Amended

The Landlord and Tenant Act 1954 Part 2 (Notices) England and Wales) Regulations 2004 prescribe new and amended forms for use from 1st June 2004 in connection with new procedures for applications under the 1954 Act in both England and Wales.

In addition, however, we are also adding L&T35, L&T35A, L&T35B, L&T36, L&T36A, L&T36B, to your range which are prescribed under the Regulatory Reform (Business Tenancies) (England And Wales) Order 2003 which will also come into force on 1st June.

In future, a landlord and tenant will no longer have to apply for a court order, approving exclusion of security of tenure granted under the 1954 Act.

Instead, a landlord can serve L&T35 on a tenant 14 days before the tenant signs a new lease relinquishing security of tenure. Before such an agreement is valid, the tenant declares in L&T35A that he or she received the warning notice in L&T35 and understands its significance. Where both the landlord and tenant are happy to ignore the 14-day period, (for example due to the need to quickly occupy premises because of a fire) the tenant makes a statutory declaration, using L&T35B.

Where both parties wish to make an agreement to surrender a business tenancy, the landlord serves the tenant with L&T36. L&T36A is the declaration and L&T36B the statutory declaration.

In an endeavour to provide our customers with as wide a range of forms as possible, the AGREE14B, ATA1, HA5, HA7, HA10A, HA10B, HA39, INVEN and RG have also been added to your Landlord and Tenant range.

Finally, on an unrelated matter, HUD8 has had minor amendments and is available for your immediate use.

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