Time limits for LTA 1954 proceedings

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This Overview signposts the key materials on statutory time limits in Landlord and Tenant Act 1954 (LTA 1954) renewal and opposition proceedings, with links to guidance, precedents and procedural checklists.

Time limits under Part II are central to business tenancy security of tenure. They govern when landlords may serve a section 25 notice and when tenants may serve a section 26 request (each within a six to twelve month window), when a landlord must serve any section 26 counter - notice (within two months if opposing), and - critically - when an application to court for a new tenancy must be issued. Failure to issue in time generally removes the court’s jurisdiction and the tenant’s statutory protection.

Practitioners must track the date of termination or commencement specified in the relevant notice or request, the effect of statutory continuation under section 24, and the distinction between issuing and serving a claim (CPR Part 7 and Part 56). The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 introduced mechanisms to postpone the termination date and to extend, by written agreement, the deadline for issuing proceedings;...

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