Q&As

Is a new landlord bound by a section 25 notice served by a previous landlord?

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Published on LexisPSL on 09/06/2016

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

  • Is a new landlord bound by a section 25 notice served by a previous landlord?
  • Withdrawing a section 25 notice

Is a new landlord bound by a section 25 notice served by a previous landlord?

Withdrawing a section 25 notice

We refer you to Practice Note: LTA 1954 business lease renewal—termination and, in particular, the section entitled ‘Section 25—withdrawing or amending’ which state that, as established through case law, notices issued under section 25 of the Landlord and Tenant Act 1954 (LTA 1954) cannot be withdrawn, or in the case of an opposed notice, amended in order to introduce a different ground or grounds of opposition.

It has also been established that an opposed s 25 notice cannot be unilaterally withdrawn if a landlord changes its mind as to whether or not to oppose the grant of a new lease. However, it may be the case that (depending on the stage of the lease renewal procedure reached and the tenant’s intentions) a tenant would be willing to agree to the landlord withdrawing the opposed notice and instead progressing unopposed lease renewal proceedings. This route be one to explore if a landlord (or new landlord) changes its mind or has different intentions as to whether or not to oppose the grant of a new lease. See also recent News Analysis regarding a county court decision

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