Q&As

If a landlord has served a section 25 notice under the Landlord and Tenant Act 1954 (LTA 1954) on a tenant for the lease to expire in 12 months, can the tenant serve an alternative notice on the landlord to terminate the lease prior to the expiration of 12 months as per the LTA 1954, s 25 notice?

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Published on LexisPSL on 05/07/2019

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

  • If a landlord has served a section 25 notice under the Landlord and Tenant Act 1954 (LTA 1954) on a tenant for the lease to expire in 12 months, can the tenant serve an alternative notice on the landlord to terminate the lease prior to the expiration of 12 months as per the LTA 1954, s 25 notice?
  • Can a tenant serve a section 26 request after a landlord has served a section 25 notice?
  • Can a tenant serve a section 27 notice after a landlord has served a section 25 notice?

If a landlord has served a section 25 notice under the Landlord and Tenant Act 1954 (LTA 1954) on a tenant for the lease to expire in 12 months, can the tenant serve an alternative notice on the landlord to terminate the lease prior to the expiration of 12 months as per the LTA 1954, s 25 notice?

This will depend on whether a tenant:

  1. still wishes to take a renewal lease and, accordingly, is proposing to serve a section 26 request in an attempt to bring the existing tenancy to an end and enter into the renewal tenancy earlier

  2. does not wish to take a renewal lease and, accordingly, is proposing to serve a section 27 notice to terminate the existing tenancy, without a renewal tenancy

Can a tenant serve a section 26 request after a landlord has served a section 25 notice?

Once a section 25 notice has been served, the tenant is precluded from

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