Q&As

Setting Aside Default Judgment for Misnamed Defendant

read titleRead full title
Copyright © 2025 LexisNexis
Published by a LexisNexis Property Disputes expert
Published on: 18 November 2015

What happens if a landlord serves a section 25 notice proposing terms for a renewal lease, and the tenant does not respond before the termination date specified in the notice?

If the tenant does not respond, by way of agreeing a statutory extension, or by issuing court proceedings by the termination date specified in the section 25 notice, the tenant will lose their right to a renewal lease under the Landlord and Tenant Act 1954 (LTA 1954) and will, as of the expiry of the section 25 notice, become an unauthorised occupier.

For guidance on statutory extension under LTA 1954, s 29B, see Practice Note: Time limits and extension of statutory period under LTA 1954.

In the situation that the tenant loses their right to a renewal lease, and on expiry of the section 25 notice becomes an unauthorised occupier, if the landlord did still want to grant the tenant a new lease, the landlord will have a strong bargaining position. This is because the landlord will be entitled to possession and will no longer be constrained by the terms of

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:

Popular documents

How should a landlord complete the 'warrant details' in form N325, request for warrant for possession of

How should a landlord complete the 'warrant details' in form N325, request for warrant for possession of a property, where it wishes only to enforce the order for possession and not the judgment for the arrears? Would including the court issue fee in this section be sufficient?A judgment or order

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a