This is a checklist for service of a section 25 notice by a landlord under the Landlord and Tenant Act 1954 (LTA 1954) terminating a tenancy. Has the correct form, including the appropriate warning notices to tenants, been used? There are different types of section 25 notice to be used for: • landlords not opposing renewal, and • landlords who are intending to oppose the grant of a new lease The opposed or unopposed notice must be in the prescribed form or ‘substantially to the like effect’. • In Sabella v Montgomery, it was held that the warning notices must be included or a notice will be invalid • See Practice Note: LTA 1954 business lease renewal—termination—Section 25 notice See Precedents: Section 25 notice—landlord

These drafting notes are for use when completing a landlord’s section 25 notice agreeing to renewal under the Landlord and Tenant Act 1954 (LTA 1954). They are intended to be used when completing the prescribed form (‘Form 1’) under the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004, SI 2004/1005, which is available here. It is good practice to serve the notice in duplicate and ask the receiving party to endorse and return the duplicate copy to acknowledge receipt. General A business tenancy automatically continues under LTA 1954 after the initial lease expires. A ‘business tenancy’ is one where property is occupied for the purposes of a trade or profession (see LTA 1954 business lease renewal—termination—Meaning of 'occupied for the purposes of business') unless it is one of 17 types of tenancies excluded from LTA 1954 (see: LTA 1954 business lease renewal—termination—Excluded tenancies), or where occupation is as licensee or tenant at will. Under LTA 1954, s 24(1), the lease will continue until terminated in accordance with the provisions

These drafting notes are for use when completing a landlord’s section 25 notice opposing renewal (with grounds) under the Landlord and Tenant Act 1954 (LTA 1954). They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004, SI 2004/1005, which is available here. It is good practice to serve the notice in duplicate and ask the receiving party to endorse and return the duplicate copy to acknowledge receipt. General A business tenancy automatically continues after the initial lease expires under the Landlord and Tenant Act 1954 (LTA 1954). A ‘business tenancy’ is one where property is occupied for the purposes of a trade or profession (see LTA 1954 business lease renewal—termination—Meaning of 'occupied for the purposes of business') unless it is an excluded tenancy (see: LTA 1954 business lease renewal—termination—Excluded tenancies), or where occupation is as licensee or tenant at will. Under LTA 1954, s 24(1), a business lease will continue until terminated in accordance with the provisions of LTA 1954, ie service

The Agricultural Holdings Act 1986 (AHA 1986) applies to all agricultural tenancies created before 1 September 1995. For more information, see: Agricultural holdings (formerly 'Agricultural Holdings Act tenancies')—overview. AHA 1986, s 25(1) provides that 'A notice to quit an agricultural holding or part of an agricultural holding shall (notwithstanding any provision to the contrary in the contract of tenancy of the holding) be invalid if it purports to terminate the tenancy before the expiry of twelve months from the end of the then current year of tenancy'. However, AHA 1986, s 25(2) provides that AHA 1986, s 25(1) will

Section 252(2)(c) of the Companies Act 2006 (CA 2006) provides that a person is ‘connected’ with a director of a company if they are: ‘a person acting in his capacity as trustee of a trust: (i) the beneficiaries of which include the director or a person who by virtue of paragraph (a) or (b) is connected with him, or (ii) the terms of which confer a power on the trustees that may be exercised for the benefit of the director or any such person, other than a trust for the purposes of an employees' share scheme or a pension scheme.’ ‘Pension scheme’ is not defined

Tenant's request for a new business tenancy These drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004, SI 2004/1005, which is available here. It is good practice to serve the notice in duplicate and ask the receiving party to endorse and return the duplicate copy to acknowledge receipt. The parties Ensure that the notice is served by, and on, the correct parties. To The notice must be addressed to the competent

Section 265(1)(b) of the Insolvency Act 1986 (IA 1986), which is no longer in force, provided that: ‘A bankruptcy petition shall not be presented to the court under section 264(1)(a) or (b) unless the debtor—… …(b) is personally present in England and Wales on the day on which the petition is presented…’ In Gate Gourmet Luxembourg IV Sarl v Morby, the court had to determine whether the debtor was personally present in the jurisdiction when the petition was filed. The court held: ‘that the petition was presented on 21 July 2014 when Mr Morby was present

This Checklist sets out issues to be considered by a tenant serving a section 26 request under the Landlord and Tenant Act 1954 (LTA 1954) requesting a new tenancy, whether within the fixed term or during the statutory continuation tenancy. It covers the tenant’s proposals and commencement date for the new tenancy and the identity of the competent landlord. For further guidance, see Practice Note: LTA 1954 business lease renewal—termination. What is the nature of the tenancy? A valid section 26 request can only be served in relation to the following: • a tenancy for a term of years certain exceeding one year, whether or not continued under LTA 1954, s 24, or • a tenancy granted for a term of years certain, and thereafter from year to year Therefore a valid section 26 request cannot be served if either of the following apply: • the tenancy is a periodic tenancy, other than a yearly periodic tenancy that follows a fixed term. For more information in respect of periodic tenancies, see Practice Note: Periodic

Tenants can use a notice under section 27 of the Landlord and Tenant Act 1954 (LTA 1954) to end a business tenancy either on, or any time after, the contractual expiry date. This Checklist explains when and how the notice can be served. For more information regarding termination of LTA 1954 tenancies more generally, see Practice Note: LTA 1954 business lease renewal—termination. Is the tenancy for a fixed term? A section 27 notice can only be used if the tenancy is for a fixed term. It cannot be used for periodic tenancies. A periodic tenancy can, however, be terminated by a tenant serving a common law notice to quit (see Practice Note: LTA 1954 business lease renewal—termination under the heading Termination of LTA 1954 tenancies). Have any other notices been served? A tenant is not entitled to serve a section 27 notice after they have served a section 26 request. There is no conclusive authority as to whether it is possible for a tenant to serve a section 27(2) notice after a landlord

There is no prescribed form of notice to be served pursuant to section 27(1) or (2) of the Landlord and Tenant Act 1954 (LTA 1954). However, the section does provide that the notice must be given in writing. Accordingly, the notice can be given by simple letter, which makes it clear that it is giving three months’ notice (expiring

The general rule is that personal representatives (PRs) have no authority to carry on the deceased’s business. However, PRs may carry on the deceased’s business where: • there is an express power to do so in the Will, or • they do so for the purpose of winding it up This Q&A assumes that one of these conditions applies in the present case. This Q&A has not been able to find

A type of periodical payments/maintenance order in family proceedings where the term of the order is limited and non-extendable.