All landlords and tenants, when signing and renewing leases, are protected by law. The Landlord and Tenants Act 1954 protects the obligations and rights of both parties of premises which are occupied for business purposes. When legal disputes arise, it can be financially detrimental for both parties, so it’s important to know your rights. Here at Van Eaton solicitors, we have experience in dealing with commercial property disputes in London and the surrounding areas, providing expert legal advice to both tenants and landlords alike. Contentious property disputes can take a toll, both emotionally and financially, so seeking the best civil litigation solicitor and representation is essential.
All leases of buildings occupied for business purposes are protected by the Act, but there are certain instances in which landlords can choose to terminate a lease or prevent a lease renewal, terms of which can be found in section 25 of the Landlord and Tenants Act. Tenants are within their rights to renew an act under section 26. If you believe any terms within this law have been breached, or they haven’t been honoured, you may be entitled to make a claim.
If you’d like to find out more about the Landlord and Tenants Act 1954, read our article below.
What Are They?
Section 25 and 26 of the Act are tailored to commercial landlords and tenants, respectively. To end a tenancy, landlords must issue a section 25 to tenants, in writing, and provide a termination date no earlier than 6 months of issue and no later than 12 months after the date of the notice. Section 25 is necessary if the landlord opposes a new tenancy, or whether they are happy to grant a new tenancy with added terms.
If the decision has been made by a landlord to issue a section 25, they must state their reasoning and provide statutory grounds for possession laid out in the Act. Reasons for a landlord issuing section 25 of the Act include failure to pay rent or the unwillingness to comply with repairing obligations. If these reasons are proven, a tenant may not be successful in suing or receiving compensation. However, if a landlord decides to evict tenants based on personal needs, such as regaining occupation of the property for personal use or they want to redevelop, a tenant can seek legal advice to try and prevent any such forfeiture from occurring.
A section 25 order cannot be served if the tenant has already issued a section 26. A section 26 order under the Landlord and Tenants Act 1954 is given to a landlord from a tenant, stating how they may renew their tenancy. When a current tenancy is ending, occupants of a business property may issue a section 26 to renew their commercial lease. A landlord cannot refuse a section 26 unless they have reasonable grounds for doing so; for instance, if the tenant has failed to pay their rent. They must respond to a section 26 request within two months of it being issued.
The tenant must send this notice 6 to 12 months before they want the new tenancy to start, and the new start date must be after the old lease has expired. If the landlord has already sent a section 25 notice, then the tenant cannot issue a section 26. If you are a landlord in England and Wales who finds themselves dealing with a difficult tenant, or you’re the occupier of a building wishing to extend your lease, our solicitors here at Van Eaton are experienced in commercial litigation and can help you get the result you need as efficiently as possible.
As a tenant, you have the right to issue your landlord with a section 26 notice under the Landlord and Tenants Act 1954. This section states that you wish to terminate your current lease and you would like to request a new one, granting that it does not begin between 6 and 12 months after the date of initial notice.
The notice should set out what the tenant wants the new lease to involve and should state when the current lease will end. Once a landlord receives a section 26 order, they should seek advice from either a law firm or specialist advisers whether they wish to negotiate the new lease or oppose a new tenancy. Our team here at Van Eaton solicitors are highly trained and experienced in dealing with commercial property disputes in London and can help you decipher how best to proceed and handle a section 26 order.
It should be noted some commercial tenancies are exempted from the rights of renewal under the Act upon the grant of the lease at the outset of the tenancy.
A section 25 order must be granted in writing from a landlord to a tenant stating that they either wish to terminate a lease or are willing to negotiate a new one. They must state their reasoning for terminating the lease, such as failure to pay or they wish to occupy the property for their own personal use.
If you are a landlord or property owner and believe have issued a section 25 order under fair terms, but your tenants are unwilling to cooperate, our team here at Van Eaton solicitors in Streatham are here to help analyse your case and determine the appropriate course of action. Our experience in dealing with commercial property disputes in London and the surrounding areas allows us to handle your case with care and efficiency, presenting you with the result you’re entitled to as promptly as possible.
If you wish to book a consultation, please give us a call on 0208 769 6739. Alternatively, you can fill out our online form.
Van Eaton solicitors, Streatham.