Remove Advanced Field from the Commercial Lease Warning Notice and eSign it in minutes

Aug 6th, 2022
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How to Remove Advanced Field from the Commercial Lease Warning Notice

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morning everybody my name is colin archibald im a partner in the commercial disputes and regulation team here at shepherd wetterburn and i head up our property dispute resolution group and uh a number of you may have attended our in-person seminars that weve run over a number of years and over the last year or so we have gone online and so a very warm welcome to all of you to this mornings session on issues around the termination of commercial leases and dilapidations and ill be talking about some recent case law in relation to lease termination in a couple of minutes and then dan bain one of the senior associates in the team will be talking about dilapidations the session is scheduled weve actually got a little bit over an hour in the diary and so we should have plenty of time for questions at the end i should also mention in advance that for those of you that received the flyer it had originally been scheduled to be myself dan and steph hepburn from the pdrd team unfortunately s

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What is a Section 26 Notice? Section 26 refers to the Landlord Tenant Act 1954. This section of the Act states how a tenant may end a business tenancy and sets out the information (in the notice) that a tenant needs to give the landlord in order to surrender the lease validly.
If you (the tenant) and the landlord have agreed that the lease you will be entering into will exclude your rights of security of tenure (often referred to as contracting out or outside the provisions of the Landlord and Tenant Act), then once the lease expires, you will not have a right to request a new lease from
A break clause is a line in the lease that allows the landlord, tenant or both to end a lease early without facing a penalty. It includes an agreed date when the lease can be ended. To use a break clause, you must give the other party notice. The break clause will say how much.
The Simple Declaration is made in response to the Landlords Notice to Exclude Security of Tenure. In it, the tenant confirms that it has received and read the Landlords Notice and accepts the consequences of entering into a lease with no security of tenure.
If the landlord wishes to exclude security of tenure, it must serve a warning notice on the tenant and guarantor (if applicable) and in response the tenant must sign a simple declaration or a statutory declaration.
Actions for landlords when a commercial lease expires For protected leases, a landlord has two months to dispute a tenants request to renew their lease. During this process, the tenant has the right to remain in the property under the existing lease terms, until the either expiry date arrives or new terms are agreed.

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