Q&As

If a tenant fails to agree a new lease or issue court proceedings before the end of the period set out in a section 25 notice, what steps is the landlord permitted to take to regain possession of the premises?

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Published on LexisPSL on 23/10/2019

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

  • If a tenant fails to agree a new lease or issue court proceedings before the end of the period set out in a section 25 notice, what steps is the landlord permitted to take to regain possession of the premises?

If a tenant fails to agree a new lease or issue court proceedings before the end of the period set out in a section 25 notice, what steps is the landlord permitted to take to regain possession of the premises?

This question raises the effect of a failure on the part of the tenant to commence proceedings for a new tenancy or to agree a new tenancy before the expiry of a notice served under section 25 of the Landlord and Tenant Act 1954 (LTA 1954).

A tenancy which has the protection of LTA 1954 cannot come to an end other than in accordance with the terms of LTA 1954 (or service of notice to quit or surrender by the tenant or the exercise of a right of forfeiture on the part of the landlord) (LTA 1954, s 24(1), (2)). The way in which a landlord can bring a tenancy to an end under the terms of LTA 1954 is to serve notice under LTA 1954, s 25. This is a notice in the prescribed form specifying the date at which the tenancy is to come to an end. That date is referred to under LTA 1954 as the ‘date of termination’ (LTA 1954, s 25(1)). This gives the tenant the right to apply for a new tenancy (LTA 1954, s 24(1)). This must be done

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