What is a s26 notice?

What is a Section 26 Notice? Section 26 refers to the Landlord & Tenant Act 1954. This section of the Act states how a tenant may end a business tenancy. The section sets out the information (in the notice) that a tenant needs to give the landlord in order to surrender the lease validly.

How do I oppose a section 26 notice?

If the landlord wishes to oppose granting a renewal lease then it must give counter-notice within 2 months of the date of s26 notice, stating the ground(s) for opposition, failing which the landlord cannot oppose the tenant’s application to court for renewal.

Can a tenant withdraw a section 26 notice?

A Tenant may serve a Section 26 Notice on the Landlord to renew the lease no later than 6 months and no earlier than 12 months before the proposed commencement date of the new lease. Once the Landlord has issued proceedings it cannot withdraw the application without the Tenant’s consent.

What happens when a section 25 notice expires?

The tenant must make an application to the local county court before the expiry of the date specified in the section 25 Notice; otherwise that tenant will lose his protection under the Act and the landlord will be entitled to possession on the date specified in the notice (or the later agreed date – see below).

What happens when a section 26 notice expires?

Will the rent stay the same after the Section 25 Notice or Section 26 Request has expired? The rent will stay the same unless either Landlord or Tenant has applied to court for an interim rent to be fixed.

Can a landlord withdraw a section 25 notice?

A Section 25 notice may only be revoked or withdrawn where there has been a change of landlord. Use this notice whenever an incoming landlord does not oppose the renewal of a tenancy, where the previous one had refused it and served a notice to state his intentions to let the arrangement end.

Can a Landlord withdraw a section 25 notice?

Can you extend a section 25 notice?

Initial agreement to extend the statutory period Following a section 25 notice or a section 26 request being served, but before the end of the statutory period, the landlord and tenant can agree in writing that the time for making an application at court be extended under LTA 1954, s 29B(1).

When can a landlord serve a section 25 notice?

The Section 25 Notice is used to inform the tenant either of proposed terms for a new lease or to oppose renewal. This notice must be served not more than 12 and not less than 6 months before the landlord wants the present tenancy to end which will be after the expiry date of the existing lease.

When to send a section 26 notice to a tenant?

The tenant can pre-empt the landlord sending a Section 25 Notice (the landlord’s equivalent of a section 26 notice), to request a new tenancy and propose terms for renewal. The tenant must send notice between 6 and 12 months before he wants the new tenancy to start and the new start date must be after the initial lease has expired.

Can a s26 notice be used to extend the term?

Before LTA54 was amended, a s26 notice could be used to extend the end date of the contractual term by up to 12 months from the date of the notice and preserve the passing rent to the end date so tenants could put off having to pay the market rent for as long as possible.

When does a section 25 notice of termination have to be given?

A section 25 notice must specify the date on which the landlord proposes to bring the existing lease to an end. The date of termination in the notice cannot be earlier than: It cannot be later than 12 months after the date of that notice.

Can a landlord preempt a section 25 notice?

The landlord may use these grounds to oppose the tenant’s application to renew. The tenant can preempt the landlord’s Section 25 Notice, which gives the tenant notice of the end of the lease, and request a new tenancy and propose terms for renewal using the Section 26 Notice.