TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) Ltd
[2021] EWCA Civ 688 · Court of Appeal · 2021
The question
Does a slip in the contracting-out machinery — the warning notice and the tenant's declaration — revive security of tenure?
What was held
Not on these facts. The Court of Appeal upheld the exclusions, taking a practical view of the statutory declaration process where the tenant plainly understood what it was giving up.
For a landlord
Still follow the procedure exactly: correct warning notice, correct form of declaration, and the 14-day rule respected before completion.
For a tenant
Technical arguments about contracting out are worth checking but rarely a silver bullet — look at whether the declaration relates to the tenancy actually granted.
The provisions this turns on
Apply it to your matter
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Case summary for general guidance only, not legal advice. Judgments turn on their own facts and later decisions may qualify them — check the primary transcript before relying on any point in correspondence or proceedings.