Q&As

My client granted a lease for a term of 20 years, within the protection of the Landlord and Tenant Act 1954. Sometime after expiry of the contractual term, the tenant served a section 26 notice. The landlord proposed new terms and an extension of time to negotiate the lease was agreed between the parties. At this stage the tenant vacated the property and did not hand over the keys. Can the landlord serve a Schedule of Dilapidations on the tenant?

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Produced in partnership with Georgia Whiting of Ardmore Group Limited
Published on: 23 June 2016

For the purposes of this Q&A we have assumed that the tenant was entitled to serve the notice, and also that it was validly served.

Service of a section 26 request will not oblige the tenant to take the lease. The section 26 request is simply the trigger to initiate the renewal process. A tenant does not need to have any genuine intention to take a new lease.

It would appear that it is not possible for a tenant unilaterally to withdraw a section 26 notice request (see Meah v Sector Properties Ltd). However,

Georgia Whiting
Georgia Whiting

In-House Legal Counsel, Ardmore Group Limited

Georgia is employed as Legal Counsel at the Ardmore Group, a large family owned and operated construction contractor. Her role is varied and includes both contentious and non-contentious matters. 

Prior to this, she was a self-employed barrister at 4 King’s Bench Walk, where she remains as a Door Tenant. Her work included advising and acting in relation to issues arising out of construction, property development and refurbishment. 

Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as employment, insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives.

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Client definition
What does Client mean?

The person(s) on whose behalf the firm is providing a service.

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