Section 25 Notice (Landlord Opposing New Lease)
This Section 25 Notice (Landlord Opposing New Lease) is the prescribed statutory notice a landlord must serve if it is not willing to grant a new business lease to the tenant when the current lease expires.
The Section 25 Notice can be served twelve months before the end of the term of the lease or at any time thereafter. The Notice must specify a termination date that is between 6 and 12 months from the date the Notice is served (but the termination date cannot be earlier than the end of the contractual term of the lease).
The landlord must state in the Notice the ground(s) on which it opposes the grant of a new lease. The grounds appear in section 30(1) of the Landlord and Tenant Act 1954 and are as follows:
(a) tenant’s failure to comply with repair obligations
(b) tenant’s persistent delay in paying rent
(c) tenant’s breaches of other obligations or use or management of the premises
(d) landlord has offered suitable alternative accommodation
(e) landlord requires the whole of the premises for subsequent letting (applies only where the lease in question is an underlease of part)
(f) landlord intends to demolish or reconstruct the premises
(g) landlord intends to occupy the premises itself.
The Section 25 Notice includes some pre-printed notes for the tenant explaining the effect of the Notice and what steps the tenant now needs to take. The notes also give further information about grounds (a) to (g) and the tenant’s right to receive compensation in some circumstances.
If the Landlord does not oppose the grant of a new lease to the tenant the Section 25 Notice (Landlord Not Opposing New Lease) should be used instead.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Section 25 Notice (Landlord Opposing New Lease) is in open format. Simply enter the requisite details in the highlighted fields and then sign and date the Notice. The text of the Notice must not otherwise be altered.
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