A landlord may serve a notice under section 25 of the Landlord and Tenant Act 1954 stating that he is not opposed to the grant of a new tenancy. The notice must also set out his proposals for the terms of the new lease.
The notice must be served not more than twelve months, nor less than six months before the termination date specified in the notice. It should contain the following:
- An important note for the landlord warning the landlord to use the form only if it is willing to grant a new tenancy.
- A notice to the tenant, which:
- Confirms that the landlord is not opposed to granting a new tenancy for the tenant
- Informs the tenant that the landlord’s proposals for the new tenancy are set out in the schedule to the notice, for discussion purposes
- Advises the tenant that if the parties cannot agree on all the terms of the new tenancy, the landlord or the tenant can ask the court to order the grant of a new tenancy and to settle the outstanding terms
- Informs the tenant that if they wish to ask the court for a new tenancy, they must do so by the termination date specified in the notice unless the landlord has previously agreed to a later date
- Provides for signature by or on behalf of a mortgagee, as an alternative to the landlord
- Schedule – the landlord’s proposed terms for the new tenancy must either be attached to or inserted into the schedule. They must specifically include:
- Property to be included in the new tenancy (for example, whether it is the whole or part of the current premises)
- Proposed rent
- Other terms
If you are a tenant you should obtain legal advice as soon as possible given that a) the notice is intended to bring the tenant to an end b) if the tenant wishes to continue in occupation it must act quickly, c) it informs the tenant that the landlord d) It states that if there is disagreement, the court will decide the terms of the new tenancy, and e) it says that the tenant should seek professional advice before accepting the landlord's terms or putting forward counter-proposals.
The tenant should also bear in mind that a) the tenant may not apply to the court for a new tenancy if the landlord has already done so and b) Either party can ask the court to fix the rent that the tenant has to pay whilst negotiations for the new tenancy are continuing and the tenant can only stay in occupation after the specified termination date (or any later date agreed in writing by the landlord) if by then either the landlord or the tenant has applied to the court for a new tenancy.
If you would like to discuss section 25 notices with us or feel you need professional advice on anything in this section please call us on 01562 514870, email us on
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