OWNERS and occupiers of commercial property could soon pull a tactical card from their sleeves under changes to the law surrounding the expiry of leases.

The changes to the Land-lord & Tenant Act 1954 come into force on June 1. They give landlords and tenants with leases which have expired (or will expire before June 1) a one-off chance to choose the scheme under which they address their lease renewals.

"If the lease renewal process is instigated by either landlord or tenant before June 1 2004, the old rules will apply. If the process is not started until after that date, new rules apply," said David Sanderson, head of law firm Shoosmiths' landlord and tenant unit.

"If a landlord wants the premises back at the earliest date after lease expiry, he is better off waiting for the new rules to come into effect because the new rules - unlike the old ones - allow him to take control of the renewal process, and make an application to the court, potentially saving months of frustrating delay.

"On the other hand, if a tenant is paying more for his property than the current market value, he may be better advised to wait for the June 1 changes to come into play, when the new rules will allow him to apply for an interim rent - under the current regime, only a landlord can apply for an interim rent.

"An immediate tactical advantage can be gained by taking early advice, partic-ularly with regard to leases which have already expired, or those due to expire before June 1," he added.