Expired Lease Rollover And 1954 Act

[wessexmario]

A business tenant has a lease that has expired, however the tenant has continued to pay the rent and the landlord accepts it. They verbally agreed to continue the tenancy with all terms remaining 'as is', but no new lease was signed. The original lease had an exclusion for the Landlord and Tenant Act 1954, so removing the tenant's security. I have asked elsewhere and am getting confused with different opinions.
With an expired and rolled over lease, does the landlord retain the benefit of the 1954 Act exclusion, or has the tenant effectively acquired a new lease without the exclusion?

[Buenchico]

We probably need the services of AB's barrister, Barmaid, here but I suspect that she might need further information about this sentence from your post:
"The original lease had an exclusion for the Landlord and Tenant Act 1954, so removing the tenant's security"

The Act automatically to all tenancies mentioned here
http://www.legislation.gov.uk/ukpga/Eliz2/2-3/56/section/23
unless they fall within the categories mentioned here
http://www.legislation.gov.uk/ukpga/Eliz2/2-3/56/section/43
or here
http://www.legislation.gov.uk/ukpga/Eliz2/2-3/56/section/43ZA

As I see it, any term in a lease which sought to circumvent those provisions could never have been valid in the first place and thus couldn't be carried forward into any subsequent verbal agreement.

[Buenchico]

^^^ A word seems to have vanished from my post!

Para. 2 should start "The Act automatically applies to. . . "

[wessexmario]

I'm certain that the exclusion is valid as I've seen the same and similar in many leases. The relevant clause is as follows:
"The Landlord and Tenant agree and confirm that:
- the Landlord served the Landlord's Exclusion Notice on the Tenant and
- the Tenant has made the Tenant's Exclusion Declaration and
- the provisions of Sections 24-28 of the 1954 Act are excluded in relation to the tenancy created by this Lease."

[Peter Pedant]

if oyu have seen zillions then you have seen a zillion more than the average contributor to these threads

I dont think I have ever done a commercial lease - I think I would know.

http://www.ehlsolicitors.co.uk/exclusion-of-sections-24-28-landlord-and-tenant-act-1954-lta/

yes exclusion will result in a valid lease
but what the effect of a run on commercial lease which this is

you need a commercial lease lawyer