Q&As

When serving a notice for a new lease under section 26 of the LTA 1954, is it possible to describe a property by reference to a plan appended to the notice? What would be the effect if the plan attached to the notice also included property not included in the lease demise?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 27/04/2017

The following Property Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • When serving a notice for a new lease under section 26 of the LTA 1954, is it possible to describe a property by reference to a plan appended to the notice? What would be the effect if the plan attached to the notice also included property not included in the lease demise?

A business tenancy may be terminated by service of a tenant's request for a new tenancy under section 26 of the Landlord and Tenant Act 1954 (LTA 1954). The s 26 request (LTA 1954, s 26) must specify a date for such a new tenancy to begin. Termination of the existing tenancy takes place (subject to interim continuance under LTA 1954, s 64) immediately before the date specified in that notice.

To be effective, among other things, the s 26 request must satisfy the following requirements. First, it must be in the prescribed form, or 'substantially to the like effect': see LTA 1954, s 26(3). The prescribed form states ‘1. This notice relates to the following property:…’ and then requires the tenant to ‘insert address or description of property’. This means the address of the property under the existing tenancy.

Secondly, the notice must set out the tenant's proposals (among other things) as to the premises to be included in the tenancy (being either the whole or part of the property comprised in the first tenancy): see LTA 1954, s 26(3). The prescribed form co

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