CLLS Land Law Committee response to Law Commission consultation on Commercial Leasehold - September 2026

The City of London Law Society Land Law Committee responded to the Law Commission's Consultation Paper 276 on “Commercial Leasehold – Overcoming barriers to transactions”. 

The response broadly welcomes the Commission's proposals, supporting facilitated assignments and repeat guarantees within corporate groups and partnerships, use of the section 42 Landlord and Tenant Act 1954 definition of a corporate group, and excluding non-residential lettings from the right of first refusal.

It pushes back on extending the right of first refusal to "Shared Premises" used by residential tenants for access or escape, arguing this would unduly limit the practical benefit of the reform.

It also flags a gap in the consultation around the Renters' Rights Act 2025, suggesting the Commission consider excluding corporate residential tenants from the right of first refusal regime, and calls for investment in the land registration process, including electronic conveyancing, to address the registration gap.

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