If a commercial landlord wishes to terminate a lease or start a new one with different terms, they must present tenants with a Section 25 notice from the Landlord and Tenants Act 1954. There are certain steps that tenants and landlords alike must take, especially if the former wishes to oppose the notice. If you wish to seek out professional legal advice concerning a commercial property dispute, our civil litigation solicitors here at Van Eaton are here to help.
Specialising in dispute resolution in a range of civil litigation cases, we can help you get the result you need as efficiently as possible. We can guide you through the legal processes concerned with commercial property litigation, and advise you on the best course of action for your claim. If you wish to provide your tenants with a section 25 notice, or you’re a tenant wishing to oppose one, read our article to discover more about what you can do.
What is Section 25?
Section 25 of the Landlord and Tenants Act applies to commercial properties in England and Wales, and contains information that a landlord should provide tenants if they wish to end their tenancy. A tenant has the right to be offered a new tenancy at the end of their current term, and a section 25 should still be provided. The order should be served 6 to 12 months before the landlord wants to end the tenancy, but cannot be served if the tenant has already issued section 26. This states the terms for a new tenancy, and a landlord cannot oppose it unless they have reasonable grounds to do so. Landlords have two months to respond to a section 26 order. More information can be found in our previous article here.
With years of experience in commercial litigation and dispute resolution, our solicitors here at Van Eaton can help resolve commercial property disputes in London and the surrounding areas. We offer full service representation to help settle legal disputes for a cost effective price, and we can offer the best course of action to get you the most optimal result possible.
Terminating a Tenancy or Suggesting a New One
The two reasons that a landlord will enact section 25 of the Landlord and Tenants Act is to terminate a current tenancy or to draft a new one with different terms. If a tenant wishes to extend their tenancy, they must offer a section 26 notice, which a landlord must respond to within two months. If a landlord has already offered up a section 25, then a section 26 cannot be made, and vice versa. When a landlord opposes a section 26, they must specify their reasoning for not extending a lease. A tenant may be entitled to compensation if they are evicted, depending on the terms in section 30.
Our civil litigation solicitors here at Van Eaton can help settle your commercial property disputes through mediation, but will ensure you have the best representation possible if court proceedings take place. To discover more about how we can help in terms of commercial litigation, please visit us here.
Section 30 (1)
If a landlord terminates a tenancy under section 25, they must have reasonings for doing so. These reasons can be found in section 30 (1) of the Landlord and Tenants Act 1954. There are seven grounds for terminating a contract, all of which a tenant can oppose. Reasons include rent arrears, the landlord wishing to occupy the property or the tenant has failed to adhere to their obligations. More reasons for enacting section 25 can be found here.
Here at Van Eaton solicitors in Streatham, we have been successfully resolving commercial property disputes for years, and can help you get the result you need as efficiently as possible. If you wish to book a consultation to discuss any legal dispute you may find yourself in, please give us a call on 0208 769 6739. Alternatively, you can fill out our online form.
Van Eaton solicitors, Streatham