Q&As

A tenant has said it will vacate business premises protected by LTA 1954 at the expiry of the contractual term, however the landlord has already served a section 25 notice. The termination date is three months after the expiry of the contractual term. In a situation such as this does the section 25 notice have the effect of extending the tenant's liability for rent and tenant's covenants until the termination date specified in the section 25 notice, or just until the end of the contractual term?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 06/06/2016

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

  • A tenant has said it will vacate business premises protected by LTA 1954 at the expiry of the contractual term, however the landlord has already served a section 25 notice. The termination date is three months after the expiry of the contractual term. In a situation such as this does the section 25 notice have the effect of extending the tenant's liability for rent and tenant's covenants until the termination date specified in the section 25 notice, or just until the end of the contractual term?

A tenant has said it will vacate business premises protected by LTA 1954 at the expiry of the contractual term, however the landlord has already served a section 25 notice. The termination date is three months after the expiry of the contractual term. In a situation such as this does the section 25 notice have the effect of extending the tenant's liability for rent and tenant's covenants until the termination date specified in the section 25 notice, or just until the end of the contractual term?

By section 23 of the Landlord and Tenant Act 1954 (LTA 1954), LTA 1954 Pt II applies to any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him or for those and other purposes. By LTA 1954, s 24, a tenancy to which LTA 1954, Pt II applies shall not come to an end unless terminated

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