Q&As

If a Landlord is served with a Section 26 Notice but does not object with a period of 2 months, does the Landlord lose its right to object completely? In addition, if the Landlord has agreed to an extension of the statutory period whilst negotiations regarding renewal of the lease are on-going, is the Landlord able to object to renewal of the Lease prior to the end of the statutory period?

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Produced in partnership with Neil Fawcett of 3 PB Barristers
Published on LexisPSL on 27/11/2015

The following Property Q&A Produced in partnership with Neil Fawcett of 3 PB Barristers provides comprehensive and up to date legal information covering:

  • If a Landlord is served with a Section 26 Notice but does not object with a period of 2 months, does the Landlord lose its right to object completely? In addition, if the Landlord has agreed to an extension of the statutory period whilst negotiations regarding renewal of the lease are on-going, is the Landlord able to object to renewal of the Lease prior to the end of the statutory period?
  • Section 26 two month period
  • Statutory period

Section 26 two month period

The Landlord and Tenant Act 1954 (LTA 1954) conferred security of tenure business tenants. That security arises from the effect of LTA 1954, s 24(1) which states that a tenancy 'shall not come to an end unless terminated in accordance with the provisions of this Part of this Act'.

LTA 1954 therefore provides machinery for the landlord to serve a statutory notice determining the current tenancy (LTA 1954, s 25) or for the tenant to request a new tenancy from the landlord (LTA 1954, s 26). In either of those cases, the tenant may then apply to the court (LTA 1954, s 24(1)) for a new tenancy and the landlord may object on a number of grounds.

There are strict time limits under LTA 1954 which govern applications to the court where there has been the service of notices or the making of requests. LTA 1954, s 29A(3) provides: '(3) Where the tenant has made a request for a new tenancy under section 26 of this Act, the court shall not entertain an application under section 24(1) of this Act which is made before the end of the period of two months begin

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