Commercial real estate & Real estate disputes

Government to review landlord and tenant legislation

In December 2020 the Government promised the commercial property industry an extensive review of the Landlord & Tenant Act 1954 to take place in 2021. There are early signs that it is starting.



The review will be conducted by The Law Commission and will examine how landlords and their tenants can better collaborate together. It will consider how the lease process can be reviewed and improved to ensure high streets thrive as the country emerges from the Covid pandemic.

The details of the review have yet to be published, but we would expect it to be broad, covering rents, lease models, and forfeiture.

Collyer Bristow is a member of the Property Litigation Association which wrote to all its members asking that they complete a series of surveys. The Property Litigation Association will feed in the results of these surveys to the Law Commission which will ultimately make its recommendations to government. It is the first taste of what reform might look like.

The first of the surveys relates to the abolition of the law of forfeiture replacing it with a statutory termination scheme. This coincides with a consultation on commercial rents.

Further surveys will follow examining the Landlord and Tenant Act 1987 and the Landlord and Tenant (Covenants) Act 1995.

This review of the Landlord & Tenant Act is important and will have a profound impact on our landlord and tenant clients. We will keep you informed on progress and on any subsequent consultations. It will be important that your voices are heard.




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Rebecca Mitchell