Q&As

A commercial tenant has remained in occupation for several years after the expiry of a contracted out lease. Rent has been demanded and paid but there have been no negotiations for a new lease. It seems that a periodic tenancy may have arisen because the rent is paid monthly in advance. Can the tenant serve a section 26 request for a new lease?

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Published on LexisPSL on 03/08/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A commercial tenant has remained in occupation for several years after the expiry of a contracted out lease. Rent has been demanded and paid but there have been no negotiations for a new lease. It seems that a periodic tenancy may have arisen because the rent is paid monthly in advance. Can the tenant serve a section 26 request for a new lease?

A tenant cannot serve a section 26 notice if it occupies under a monthly periodic tenancy. This is because a valid section 26 request can only be served in relation to the following

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