Time limits and extension of statutory period under LTA 1954
Time limits and extension of statutory period under LTA 1954

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Time limits and extension of statutory period under LTA 1954
  • Deadline for application to court
  • Initial agreement to extend the statutory period
  • Further agreement to extend the statutory period
  • Consequences of failure to extend the statutory period
  • Effect on rent and interim rent of an agreement extending the statutory period
  • Agreements to extend the statutory period recorded by email

Deadline for application to court

The deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for the termination of the current tenancy without grant of a new tenancy (if the landlord is opposing the grant of a new tenancy), is the date specified in the landlord's section 25 notice or the date immediately before the date specified in the tenant's section 26 request (the ‘statutory period’).

If the landlord serves an opposed or unopposed section 25 notice, the landlord or the tenant can then immediately apply to the court for a new tenancy.

However, if the tenant has served a section 26 request, the parties cannot apply to the court for a new tenancy until the earlier of:

  1. expiry of the landlord’s time for serving its counternotice (ie two months), or

  2. the landlord serving a counternotice

If the tenant fails to issue court proceedings, or agree an extension of the statutory period (see below), before the expiry of the statutory period, the lease will end and the tenant will lose their right to renew it.

In the event that the parties do not wish to agree an extension of the statutory period, proceedings must be issued. The requirement is met when the application is received at the court office. However, given the potential difficulties in proving when

Related documents:

Popular documents