Q&As

A landlord has served a non-hostile section 25 notice offering a tenant a new lease, but the terms of the new lease have not been agreed. The section 25 notice has now expired, the tenant remains in occupation and neither the landlord, nor the tenant has made an application court. The landlord now wants the tenant to vacate the property—what steps does the landlord need to take to regain possession of the property?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 07/06/2018

The following Property Disputes Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • A landlord has served a non-hostile section 25 notice offering a tenant a new lease, but the terms of the new lease have not been agreed. The section 25 notice has now expired, the tenant remains in occupation and neither the landlord, nor the tenant has made an application court. The landlord now wants the tenant to vacate the property—what steps does the landlord need to take to regain possession of the property?

A landlord has served a non-hostile section 25 notice offering a tenant a new lease, but the terms of the new lease have not been agreed. The section 25 notice has now expired, the tenant remains in occupation and neither the landlord, nor the tenant has made an application court. The landlord now wants the tenant to vacate the property—what steps does the landlord need to take to regain possession of the property?

When a landlord has served a valid section 25 notice, but neither the landlord nor the tenant have made an application for a new tenancy, the tenancy will come to an end on the date specified in the section 25 notice. After that date, the tenant has no legal right to remain in occupation of the premises; the landlord has the right of possession.

A landlord should therefore take care if the tenant remains in occupation. No money should be demanded or accepted from the tenant after the termination date, nor should the landlord act in any other way, so as to impliedly grant a new tenancy, or be estopped from denying the existence of a new tenancy. See Practice Notes: Using licences and tenancies at will and Periodic tenancies. It should be noted that where a landlord accepts money, in the absence of any other explanation, the court can

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