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Business lease renewal.

The editor of this section is Sarah Thompson-Copsey, solicitor and freelance property law trainer

Section 26 request

Landlord break right and commencement of new tenancy

Fast Drinks v Cetyl International
[2016] EWHC 3501 (QB)

Summary

The exercise by a landlord of its break right allowed a tenant validly to request a new tenancy, which commenced before the original expiry date of the lease. In such circumstances the proviso in s26(2) does not apply; and the tenant’s section 26 request and its subsequent application to court for a new tenancy were both valid.

Relevant statutory provisions

Section 26(2) of the Landlord and Tenant Act 1954 provides:
    “A tenant’s request for a new tenancy shall be for a tenancy beginning with such date, not more than 12 nor less than 6 months after the making of the request, as may be specified therein:

    Provided that the said date shall not be earlier than the date on which, apart from this Act, the current tenancy would come to an end by effluxion of time or could be brought to an end by notice to quit given by the tenant.”
Facts

A lease was granted to the tenant (T) by the landlord (Cetyl). The lease was expressed to expire on 16 January 2016. The lease contained a lan ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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