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Landlord and Tenant Act Renewals Bio Image

Landlord and Tenant Act Renewals Milton Keynes solicitors specialising in lease renewals

The Landlord and Tenant Act 1954 provides commercial leaseholders with security of tenure, meaning they have the right to renew their lease on like for like terms, save for a change in the market rent, unless the lease specifically excludes this right. The commercial driver behind it is to give commercial tenants some form of security and continuity regarding the premises from which they run their business.

Under security of tenure, the tenant does not have to leave at the end of the period of the original lease and can request a new lease. If the landlord and tenant cannot agree upon the terms of the new lease between themselves, the tenant can ask the court to grant a new lease.

There are limited circumstances where a renewal lease can be successfully opposed by a landlord, for example if there are fault grounds such as persistent late payment of rent, or no-fault grounds, such as the landlord’s wish to redevelop the property and/or resume occupation. In the case of a no-fault ground, the tenant may be entitled to compensation, therefore it is essential to consider, at the time of entering into negotiations, the landlord’s future plans.

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At Heald Solicitors our commercial property team are experienced in dealing with Landlord and Tenant Act renewals and negotiating the terms of new leases for both landlords and tenants.

At Heald Solicitors in Milton Keynes, we can advise you on your rights and responsibilities whether you are a landlord or a tenant and negotiate and draw up a new lease on your behalf. Our commercial property team have in-depth experience of Landlord and Tenant Act law and can advise you whether you are a landlord or a tenant.

There are strict procedures for lease renewals and the area is very technical. We understand these procedures and can guide you through the process including the issue of the correct statutory notices.

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Tenant’s request to renew the lease under section 26 of the Landlord and Tenant Act

When the tenant wishes to request a new tenancy, they need to serve a notice on the landlord under section 26 of the Landlord and Tenant Act. The notice should be served between six and twelve months before the end of the lease term and should include the terms of the proposed new lease. This triggers the lease renewal process.

Landlord’s section 25 notice under the Landlord and Tenant Act

At the end of a tenancy the landlord can serve a notice under section 25 of the Landlord and Tenant Act. The landlord can say either that it does not oppose a renewal of the lease or can oppose a renewal and state why.

Tenant’s request to renew the lease under section 26 of the Landlord and Tenant Act

When the tenant wishes to request a new tenancy, they need to serve a notice on the landlord under section 26 of the Landlord and Tenant Act. The notice should be served between six and twelve months before the end of the lease term and should include the terms of the proposed new lease. This triggers the lease renewal process.

Agreeing a new commercial lease

The landlord may oppose the renewal on limited grounds, for example, repeated failure to pay the rent or where they wish to develop the property. Alternatively, the landlord may wish to amend the proposed lease.

Generally, the new lease will contain similar terms to the original lease. If the court is asked to intervene to impose terms, it will look at the current open market rent for the property. It will also decide on the length of the new lease, up to a maximum of 15 years, and the terms, for example, whether any break clause will be included.

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Get to know us wih a call back, at a time that suits you. Let us offer some guidance and direction to start your journey with Heald today.

Caroline Wilton
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For expert advice contact our Landlord and Tenant Act solicitors

At Heald Solicitors our commercial property team are experienced in dealing with Landlord and Tenant Act renewals and negotiating the terms of new leases for both landlords and tenants. Our experience in dealing with both sides of lease issues means we have extensive knowledge and understanding of what is required to achieve the best outcome. While our office is in Milton Keynes, we regularly work with clients throughout England and Wales, often remotely, meaning that you can expect the same expert legal advice and excellent client care wherever you are located.

If you wish to talk to a commercial property solicitor, please get in touch with our legal expert Caroline Wilton.

01908 662 277
caroline.wilton@healdlaw.com

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Landlord and Tenant Act Renewals Bio Image

Our Legal Expert Caroline Wilton

Get to know us wih a call back, at a time that suits you. Let us offer some guidance and direction to start your journey with Heald Solicitors today.