Home Page > Property Law Library > Business lease renewal > Section 25 notices

Home Page
Contact
Editorial Team

Does the Act apply?
Contracting out
Surrender
Section 25 notices
Counternotice
Section 26 requests
Ground (b)
Ground (c)
Ground (f)
Ground (g)
Rent
New lease terms
Easements on renewal
Compensation
Procedure
Insolvency of landlord
Registration of claim
Reform of Part II

Current page






Section 25 notices

Forms

Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 (SI 2004/1005).

The forms that should be used are contained in these regulations. There are two main s25 notices.
  • Form 1; to be used when the landlord does not oppose a new tenancy. The landlord will need to insert his proposals for the new tenancy. The form makes it clear that these are merely proposals for discussion.

  • Form 2; to be used when the landlord does oppose a new lease. This is similar to old form in that the landlord is simply required to insert the letter representing the ground in s30 that he will be relying upon.

Estoppel

Wroe v Exmos Cover Ltd
[2000] EWCA Civ 31

Summary

Service of a s25 notice on an occupier who is a licensee rather than a tenant does not necessarily mean that the landlord is estopped from denying that the Act applies.

Facts
  • Licence of a room for business purposes judge held that it was a genuine licence.
  • R determined the licence.
  • As solicitor wrote claiming that A had a tenancy denied by R.
  • 24/11/97 A wrote a letter: apparently we have to accept he is holding over under the Landlord and Tenant from 1 October 1997 as a tenant and now do so
  • Letter enclosed a s25 notice s30(1)(g) and said this gives him a further six months to make [other] arrangements
  • A appl ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

    Existing members, to login click => here
    If you have found this page useful, you may be interested in the following:

    Options
    Free Summaries £nil
    Full Membership From £207 + VAT (1 year)