procedure following notice

• What does the procedure following a section 25 or section 26 notice examine?

  The procedure following service of a section 25 or section 26 notice
• What is the lease renewal process underpinned by?

  The possibility of either or both parties applying to the court
• When can either party apply to the court after service of a section 25 notice?

  At any time after service of the notice
• What is the deadline for applying to the court after a section 25 notice?

  The date of termination specified in the notice
• When can parties apply to the court after a section 26 notice?

  After the landlord has served a counter-notice or two months have elapsed
• What is the deadline for applying to the court after a section 26 notice?

  The day before the proposed commencement date of the new lease
• How can the deadline for applying to the court be extended?

  By the parties agreeing in writing
• What are the key differences in deadlines for section 25 and section 26 notices?

  • Section 25: Deadline is the date of termination specified in the notice.
  • Section 26: Deadline is the day before the proposed commencement date.
• What do both a friendly section 25 notice and a section 26 notice propose?

  The principal terms of the renewal lease
• What happens if the landlord and tenant cannot agree on the lease terms?

  They will ask the court to decide
• What is the maximum term the court can grant for a new lease?

  Up to 15 years
• How is the rent determined for a new lease granted by the court?

  It will be open market rent
• In the example provided, what issue did the landlord disagree with regarding the tenant's proposal?

  The underletting of part
• What must the tenant show if the court is to decide on the contentious issue of underletting?

  Why the change is reasonable
• What rent does the tenant continue to pay during the holding over and negotiation period?

  The rent as it was last reviewed by the lease
• What can either party apply for during the holding over period?

  To fix an interim rent based on open market rent
• How does interim rent differ from a rent review?

  It is not upwards only and may be lower
• When is the interim rent payable?

  From the earliest date of termination or proposed commencement date
• In the example provided, when would the rent be payable if the tenant serves a section 26 notice with a proposed commencement date in 12 months?

  Six months from the date of the tenant’s section 26 notice
• Who can apply to the court for an order to grant a new lease?

  Either tenant or landlord
• What happens if the tenant is not happy with the terms determined by the court?

  They have 14 days to ask the court to revoke the order
• What happens if a landlord opposes renewal on statutory grounds?

  They may apply for an order for termination of the existing lease
• What is the effect of the court order for termination of the existing lease?

  It brings the existing lease to an end
• How long after the court order does the existing tenancy end?

  Three months and 21 days
• When does a new lease start if granted by the court?

  The day after the termination of the existing lease
• What are the key points in the summary of the procedure following a section 25 or 26 notice?

  • Either party may apply for a renewal lease after specified conditions.
  • Deadlines for applying differ between section 25 and section 26 notices.
  • Parties negotiate lease terms, with court intervention if needed.
  • Interim rent can be applied for during negotiations.
  • Court orders can grant a new lease or terminate the existing lease.
• Section 26 Notice


  A notice served by a tenant to a landlord, indicating intention to assign or sublet a property
• Counter-Notice


  A response from the landlord to the tenant's Section 26 Notice, advising whether they consent to assignment or subletting
• Renewal Notice


  A notice served by a landlord to a tenant, extending the original tenancy agreement for a specified period