Thanks. The position is that if your lease is excluded then the lease ends on the last day of the lease period and you must vacate. However if the landlords only reason for wanting you out is because they are worried that the new lease will not be prepared by then and that as a consequence you will obtain security of tenure their concerns are ill founded.

The courts have decided that where a contracted out lease ends and the parties are actively negotiating for a new "contracted out" lease, your continuing occupation as the tenants will not create security of tenure. However, if negotiations are not active, for example because the landlord has not pressed for signature of the new lease, the court can conclude that your continuing occupation is as a periodic tenant, protected by the 1954 Act.

The landlord could ask you to sign a tenancy at will to cover the intervening period though it is not strictly necessary and adds little. If the landlord discusses the matter with their solicitors they will very likely advise them of the above alternatives to your moving out just because a new lease has not been completed.

However if the landlord simply does not wish to renew unfortunately because your lease is contracted out you have no right to continue occupy beyond the last day of the lease as you have no security of tenure. This will be a problem if the landlord simply does not wish to renew however on the basis that they do not wish to do so simply because they are concerned of the possible consequences - that you will obtain security of tenure, their concerns are to a great extent ill founded as above.

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