High Street Rental Auctions

High street rental auctions give local authorities the power to let persistently vacant high street and town centre premises by auction, over the head of an unwilling landlord. The regime sits in Part 10 of the Levelling-up and Regeneration Act 2023 and has moved from theory to live practice — with real consequences for landlords holding empty units and real opportunities for occupiers.

High Street Rental Auctions — tenant-side advice from Chris McGarrigle MRICS
3 min readTenant side onlyBy Chris McGarrigle MRICS

When a unit qualifies

The premises must be in a designated high street or town centre, suitable for a high street use, and vacant for at least 366 days in the preceding two years, or for the whole of the previous year. The authority must also be satisfied that letting would benefit the local economy.

The notice sequence

  • Initial letting notice — freezes the landlord's ability to let without consent for ten weeks
  • An eight-week window in which the landlord can still let the unit themselves on qualifying terms
  • Final letting notice — triggers the auction process, with a fourteen-day counter-notice period and limited grounds of appeal
  • Auction of a tenancy of one to five years, on prescribed standard terms, at the rent the market bids

What it means in practice

For landlords, the answer is rarely litigation — it is asset management. Letting a unit before the notice sequence bites, on terms of your own choosing, is almost always better than a prescribed tenancy at an auction rent. For occupiers, the regime is a route into pitches that were previously being held empty, at a rent set by bidding rather than by a landlord's aspiration.

The prescribed tenancy terms limit what can be negotiated, so the condition of the unit, the fit-out cost and the works obligations need to be understood before bidding rather than after.

Common questions

What is a high street rental auction?

A statutory process under the Levelling-up and Regeneration Act 2023 allowing a local authority to auction a one to five year tenancy of a persistently vacant high street unit without the landlord's agreement.

How long must a shop be empty to qualify?

Vacant for the whole of the previous year, or for at least 366 days in the previous two years, within a designated high street or town centre.

Can a landlord stop a high street rental auction?

A landlord can let the unit themselves during the initial letting notice window, or serve a counter-notice on limited grounds such as planned redevelopment or intended occupation. Otherwise the process continues.

What lease do you get from a rental auction?

A tenancy of between one and five years on prescribed standard terms, contracted out of the 1954 Act, with the rent set by the auction.

Is a rental auction unit a good deal for an occupier?

It can be, because the rent is bid rather than asked, but the prescribed terms and the condition of the unit limit what you can negotiate afterwards — so the appraisal has to happen before the bid.

Ask a question

Live assistant — high street rental auctions

Ask anything about this topic and get an immediate answer drawn from this page. General guidance only — specific advice depends on your lease.

Talk it through

Initial advice is free — tenant side only.

Chris McGarrigle MRICS, chartered since 1989, acting for occupiers across England, Scotland, Northern Ireland and Ireland.

chris@mcgarrigle.com

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