Commercial rent renewal question.

[Satterthwaite]

The lease is due up on my wifes shop at the end of March 2014.

 

Am I right in thinking the landlords agents should have sent a form 25 notice by now?

 

This would be the 3rd renewal as she has been there nearly 9 years now, the agents are not the best to deal with but I would like to know where she stands legally before i phone them.

 

Thanks

[AndyOrch]

When to use this Section 25 notice

 

This notice can be used when the Landlord & Tenant Act 1954 applies, which gives the tenant security of tenure. Security of tenure is when the tenant has a right to renew the tenancy when it comes to an end.

If the parties have opted out of security of tenure under the Act, then a Section 25 Notice cannot be used.

There are two versions of a Section 25 Notice form, depending on the landlord's intentions:

 

1. The landlord intends to end the current tenancy and proposes terms for renewal.
   
2. The landlord opposes a new tenancy in order to gain possession of the property.
   

This form is to be used for option (1) if you are a landlord who wants to end the tenant’s current business tenancy but offer the same tenant a new commercial lease.

 

 

Regards

 

 

Andy

[Satterthwaite]

Thanks for the reply, I am pretty sure she has never opted out of security of tenure.

 

Is there a legal time frame? Its now nearly 3 months before its due to be renenwed.

[AndyOrch]

Usually 6-12 months before renewal but you can send the Section 26 notice complies the Landlord & Tenant Act 1954 (Part 2) and the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003. It is suitable for use by a tenant who wants to request a new (or renewal of an existing) business tenancy.

The tenant can pre-empt the landlord's Section 25 Notice, request a new tenancy and propose terms for renewal using this Section 26 Notice. However, this Section 26 Notice cannot be served if the landlord has already served a section 25 notice.

[Satterthwaite]

Thanks