What’s on the Horizon: Law Commission to Review the Landlord and Tenant Act 1954

The Law Commission has recently announced that it will be carrying out a review of Part 2 of the Landlord and Tenant Act 1954, which will have profound implications for commercial landlords and tenants.

The review, announced on 28 March 2023, will place a particular emphasis on: 

• creating a legal framework that is widely used rather than opted out of, without limiting the rights of parties to reach their own agreements, by making sure legislation is clear, easy to use, and beneficial to landlords and tenants; 
• supporting the efficient use of space in high streets and town centres, now and in future, by making sure current legislation is fit for today’s commercial market, taking into account other legislative frameworks and wider government priorities, such as the “net zero” and “levelling up” agendas; and
• fostering a productive and beneficial commercial leasing relationship between landlords and tenants.

The review will be commissioned by the Department for Levelling Up, Housing and Communities and will form part of the Government’s new anti-social behaviour action plan.

Originally implemented for business tenants following the Second World War, the Act is now nearly 70 years old and was last updated 20 years ago. Any review of the Act and subsequent proposals to modify the legislation is likely to have profound implications for landlords and tenants. The details of the review have yet to be published, but we would expect it to cover a variety of topics, including security of tenure, interim rents, and the process of serving of notices under the Act.

The Law Commission has revealed its aim to publish a consultation paper by December 2023. We will provide further updates in due course once the Law Commission has published its findings.