Q&As

Why would a landlord want to apply to court having served a section 25 notice (opposed) on the tenant? Why not just wait and see if the tenant applies by the termination date or else lose their right to a new tenancy?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 30/10/2020

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Why would a landlord want to apply to court having served a section 25 notice (opposed) on the tenant? Why not just wait and see if the tenant applies by the termination date or else lose their right to a new tenancy?

Why would a landlord want to apply to court having served a section 25 notice (opposed) on the tenant? Why not just wait and see if the tenant applies by the termination date or else lose their right to a new tenancy?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides security of tenure to business tenants. Where its provisions apply, a tenancy does not expire by effluxion of time but is continued on a statutory basis until brought to an end using the procedures set out in LTA 1954. The tenant also has the right to request a new tenancy, which the landlord can oppose only on specified grounds as set out in LTA 1954, s 30(1).

LTA 1954, s 24(1) provides for the statutory continuation of the tenancy until terminated in

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