Skip to main content

Landlord and Tenant Act 1954 — section 37

Section 37 compensation calculator

Where a landlord successfully opposes renewal on one of the no-fault grounds — (e), (f) or (g) — the outgoing tenant is entitled to statutory compensation. It is a formula, not a negotiation: the rateable value of the holding multiplied by the appropriate multiplier, doubled where the business has been there for 14 years.

Your figures

Take the figure for the holding from the rating list at the date the section 25 notice or section 26 request was served. Where the holding is only part of a rated unit, an apportionment is needed.

Ground the landlord relies on
Qualifying occupation

Occupation by the tenant or a predecessor in the same business counts, and the 14 years must run to the date the tenancy comes to an end.

Is the tenant giving up possession?

Potential statutory compensation

Enter a rateable value to see an indicative figure. Nothing you enter leaves your browser.

Where this fits

Compensation only arises once opposition succeeds, so the prior question is always how strong the landlord's ground actually is. Test that first, then price the outcome.

Section 37 compensation — common questions

How is section 37 compensation calculated?

Compensation is the rateable value of the holding multiplied by the appropriate multiplier, which has been 1 since the Landlord and Tenant Act 1954 (Appropriate Multiplier) Order 1990. Where the tenant has been in business occupation for the whole of the 14 years ending on the date the tenancy ends, the rateable value is doubled under section 37(3).

When does the double multiplier apply?

Where the premises have been occupied for the purposes of a business, by the tenant or by a predecessor in the same business, for the whole of the 14 years ending with the termination of the current tenancy. Continuity of the business, not of the tenancy, is what matters.

Which grounds of opposition give rise to compensation?

Only the no-fault grounds: (e) uneconomic subdivision, (f) redevelopment and (g) the landlord's own occupation. If the court's order also rests on any of grounds (a) to (d), no compensation is payable under section 37.

When is the compensation actually paid?

It becomes payable when the tenant quits the holding. If the tenancy is renewed, or the landlord's opposition fails, nothing is due.

Can compensation be contracted out?

Only in limited circumstances. Section 38(2) makes an agreement excluding or reducing compensation void where the tenant and its predecessors in the business have been in occupation for five years or more; below that threshold an exclusion can be effective.

McGarrigle & Co, commercial property surveyors

Talk it through with a commercial property surveyor

Check your compensation entitlement with a surveyor

Entitlement turns on rateable value and continuity of occupation. Leave your details and a commercial property surveyor will check the figures with you.

How soon do you need help?

Best way to reach you

WhatsApp insteadchris@mcgarrigle.com

Your details and anything you add are shared with mcgarrigle & co so they can advise you. Nothing here creates a surveyor–client relationship until agreed in writing.

McGarrigle & Co, commercial lease renewal surveyors

Sponsored by McGarrigle & Co

Need professional assistance with your lease?

Indicative analysis only. This is not a valuation, a rating apportionment or legal advice, and it cannot confirm entitlement — that turns on the rateable value of the holding, the continuity of business occupation and the grounds on which the court makes its order. Take advice on your own facts before relying on any figure shown here.