Tenant’s Agreement to Exclude Security of Tenure checklist

Read the Tenant’s Agreement to Exclude Security of Tenure to make sure it meets your needs. Check that the landlord, tenant and property details are correct. Remember that if you have any questions you can easily Ask a lawyer.

The commercial tenant (or their agent) must sign the Tenant’s Agreement to Exclude Security of Tenure. The signing process varies depending on whether or not you received the Landlord’s notice to exclude security of tenure at least 14 days before completing (ie signing and dating) the lease. For more information, read Security of tenure.

If you received at least 14 days’ notice, you can sign the Tenant’s Agreement to Exclude Security of Tenure as a simple declaration. If you received less than 14 days’ notice, you must sign the Tenant’s Agreement to Exclude Security of Tenure as a statutory declaration.

Signing a simple declaration

1. Print out a copy of the Tenant’s Agreement to Exclude Security of Tenure. You cannot sign online.

2. You must sign over their name next to 'Signed' and date the Agreement next to 'DECLARED this'.

Signing a statutory declaration

1. Print out a copy of the Tenant’s Agreement to Exclude Security of Tenure. Do not sign or date it yet.

2. The tenant must sign the Agreement in front of a solicitor or commissioner for oaths so make an appointment with a local one.

3. In front of the solicitor or commissioner for oaths who has agreed to witness your document sign on the line over your name next to 'Signed', and date the Agreement next to 'DECLARED AT'.

4. The solicitor or commissioner for oaths will sign next to 'Before me' and print their full name and address underneath. Most solicitors have a stamp with their address details for this purpose.

It is a good idea to have certified copies of the Tenant’s Agreement to Exclude Security of Tenure made. Certified copies are copies that are confirmed as true copies of an original document by a qualified person (eg a solicitor). While Rocket Lawyer does not provide certification services, they can be provided by most solicitors for a fee.

It is a good idea to ask the solicitor or commissioner for oaths to certify a copy of the Agreement to have on file.

Both the tenant and landlord must keep a copy of the Tenant’s Agreement to Exclude Security of Tenure for their records. Make a copy of the original signed Tenant’s Agreement to Exclude Security of Tenure and send it to the landlord.

The safest way to send the Tenant’s Agreement to Exclude Security of Tenure is to deliver it in person or send it using recorded delivery (so that you have proof of postage and delivery). If you serve (ie deliver) the Agreement:

• By post: Allow at least 3 working days for delivery. Ask for proof of postage and keep it in a safe place.

• By hand: Post the Agreement in the postbox of the landlord's property or give it to your landlord in person. Consider taking someone with you to witness this. The witness must not be related to you, must have mental capacity and must not be under the age of 18. After posting the Agreement in the postbox:

  1. Record the time and date of delivery in a note

  2. Sign and date the note, and

  3. Ask the witness to sign and add their name, address, occupation and the date directly underneath your signature.

The tenant and landlord should each store safely away their copy of the signed Tenant’s Agreement to Exclude Security of Tenure. As tenant, you should also keep:

• Any proof of postage and delivery, if the Agreement was sent by post.

• The witnessed note of delivery, if the Agreement was hand-delivered.