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Before granting the underlease, the landlord and tenant must follow the statutory procedure under the Landlord and Tenant Act 1954 to exclude security of tenure. This involves serving the appropriate notice and obtaining the tenant’s formal declaration of agreement to the exclusion.

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The landlord must serve a formal notice on the tenant, and the tenant must provide a written declaration confirming they agree to the exclusion before the lease is completed.

No, once the tenant has given a valid declaration and the lease is completed, the exclusion is legally binding and cannot be revoked.

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