Q&As

A landlord serves a section 25 notice stating that the landlord does not oppose renewal of the lease. Can the landlord subsequently (in negotiations) ask for a higher rent than that contained in the section 25 notice?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 18/04/2018

The following Property Disputes Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • A landlord serves a section 25 notice stating that the landlord does not oppose renewal of the lease. Can the landlord subsequently (in negotiations) ask for a higher rent than that contained in the section 25 notice?
  • Section 25 notices
  • Whether the landlord is bound by the proposed rent included in their section 25 notice

A landlord serves a section 25 notice stating that the landlord does not oppose renewal of the lease. Can the landlord subsequently (in negotiations) ask for a higher rent than that contained in the section 25 notice?

Section 25 notices

A commercial tenancy within Part II of the Landlord and Tenant Act 1954 (LTA 1954) does not simply end when the contractual term expires. Instead, the tenancy continues automatically unless either the landlord or tenant takes certain steps either for the tenancy to be terminated or a new tenancy to be granted in accordance with LTA 1954 (or the lease is forfeited or surrendered). This involves either the landlord serving a section 25 notice seeking to terminate the tenancy or the tenant serving a section 26 notice requesting that a new tenancy be granted

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