Q&As

What is the position where there is a mistake in the drafting of the tenant鈥檚 statutory declaration in order to contract out of the protection of the Landlord and Tenant Act 1954? For example, what if there is an error in the tenant鈥檚 name or the declaration omitted to specify the tenant's address?

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Published on: 02 May 2019
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In order for a landlord and tenant to validly agree to contract out of the protection of the Landlord and Tenant Act 1954 (LTA 1954), they must follow the procedure set out in LTA 1954, s 38A(3). The requirements for this process are set out in Practice Note: Contracting out of the Landlord and Tenant Act 1954鈥攑rocedures, timing and pitfalls.

Part of the process involves the tenant signing a simple or statutory declaration. The form of the statutory declaration is set out in the Regulatory Reform (Business Tenancies) (England & Wales) Order 2003, SI 2003/3096,

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Requirements definition
What does Requirements mean?

A DCO should include 鈥淩equirements鈥 to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

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