Property Litigation Knowledge & Resources

You will need to give not less than 6 months’ notice and not more than 12 months’ notice pursuant to section 25 of the Landlord and Tenant Act 1954. This notice cannot end earlier than the end of the contractual term of the lease, unless you have a break clause.

Yes. When serving a section 25 notice you must specify whether or not you oppose the grant of a new lease. This will affect the form of notice that will be given.

You can only oppose the grant of a new lease on the grounds set out in section 30(1) of the Landlord and Tenant Act 1954. These grounds are limited and include both fault grounds (such as persistent delay in paying rent and the tenant’s failure to comply with their obligations regarding repair and maintenance of the premises) and non-fault grounds (such as demolition and reconstruction of the premises).

If you wish to oppose the grant of a new lease on one or more of the grounds set out in section 30(1) of the Act, you must serve a counter-notice within 2 months of the tenant’s request for a new tenancy.

Yes, but only in certain circumstances. A tenant will be entitled to statutory compensation at one or two times the rateable value of the demised premises if the court is unable to grant a new tenancy to the tenant by reason of any of the non-fault grounds specified in section 30(1) of the Landlord and Tenant Act 1954, or in circumstances where you have served a section 25 notice or a counter-notice specifying only non-fault grounds as the reasons for your opposition to a new tenancy and no application is made to the Court or an application is made to the Court and is withdrawn.