How long does a tenant have to respond to a section 25 notice?
If the Landlord opposes the request, they must respond within 2 months with a counter notice, specifying the grounds in which it is opposed.
How long does the Landlord have to respond to section 26 notice?
within two months
A landlord must respond to a tenant’s Section 26 Notice within two months of receiving it if he wishes to oppose the grant of a new lease.
When can a section 26 notice be served?
You must give at least 6 and no more than 12 months notice of your desire for a new tenancy. The earliest you can serve a Section 26 request is therefore 12 months before the expiry date stated in your Lease.
What is a continuation tenancy?
Statutory Continuation: Provided the tenant remains in occupation, a protected business tenancy does not automatically terminate on the contractual expiry date (“term date”) but continues on more or less the same terms until renewed or terminated in accordance with the Act .
What happens at the end of a section 25 notice?
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).
Can a tenant serve a section 25 notice?
Serving notice The date he specifies for the end of the tenancy can be the last date of the lease or any date after that. A section 25 notice cannot be served on the tenant if the tenant has already served a section 26 notice.
Why would a tenant serve a section 26 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?
Yes. If the landlord wishes to oppose the grant of a new tenancy, it must serve a counter notice within two months after the tenant’s request is served which must: Be in writing, and. Specify the grounds on which the landlord is opposing the application for renewal.
What happens when a section 26 notice expires?
If a section 26 notice ( under the L and T Act 1954 ) is served on a Landlord by its Tenant under a commercial lease which has yet to expire is it possible for the Tenant to withdraw at any stage and not take up a new lease regardless of whether the Landlord agrees the proposed terms or regardless of any court decision …
Who has security of tenure?
Security of tenure (under the Landlord and Tenant Act 1954) provides the tenant with the automatic right to remain in possession of leasehold business premises after the lease term reaches its natural end. If the landlord wishes to end the lease, this can only be done if a notice to quit is issued.
What does the 1954 Act do?
What is the 1954 Act? The Landlord and Tenant Act 1954 sets out the rights and obligations of both landlords and tenants in relation to any premises leased for business purposes. where any premises have been sublet into a number of units and the whole premises would command a higher rent if let together.
What must a section 25 notice contain?
The section 25 Notice must specify the date on which the tenancy is to come to an end and must be served not more than 12 and not less than six months before the termination date specified. Check that the notice relates to the correct property (or part of it) comprised within the tenancy.