This depends on whether you have a A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object. or a non-A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object.. If you are unsure which type of tenancy you have, see Q&A 3 and see Choosing between protected and unprotected tenancies for an overview of your main rights under each.
A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object.
If you have a A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object., you have the right to remain in your premises after expiry of your tenancy. It will automatically continue until you or your landlord take steps to renegotiate or terminate it. If you are satisfied with your rent and the current terms of your tenancy, and do not need the Also known as a debenture, charge or mortgage, security over an asset or assets (such as cash, debts, real estate or equipment) is given by a borrower (and sometimes a third party such as a shareholder of the borrower) to a lender in case the borrower fails to make a payment due. Security is also used to refer to a personal guarantee of a borrower's payment obligations to a lender, typically given again by a shareholder and sometimes secured over the shareholder's personal assets. In the event of a borrower's failure to make a payment due to a lender, the lender will have the right to sell any asset secured or call in the guarantee. of a further fixed amount of time in the property, you can simply remain in occupation.
If you would prefer to be granted a new fixed term, or want to renegotiate the terms of your tenancy agreement, you will need to ask for a new one. There is a formal process to do this – see Q&A 5.
A business tenancy which is not protected by the Landlord and Tenant Act 1954, so that the tenant does not usually enjoy a legal right to request a renewal or to remain in the property after the expiry of the term.
If you have an A business tenancy which is not protected by the Landlord and Tenant Act 1954, so that the tenant does not usually enjoy a legal right to request a renewal or to remain in the property after the expiry of the term., your tenancy will simply end on the expiry date. If you want to remain in your premises you will need to exercise any option you have to renew the tenancy, or otherwise agree an extension or renewal with your landlord. For further guidance, see Q&A 4.
For guidance on what you can do if your business tenancy is ending soon and you want to leave your premises, see Tenant ending a tenancy.
This depends on whether you have a A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object. or a non-A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object.. If you are unsure which type of tenancy you have, see Q&A 3 and see Choosing between protected and unprotected tenancies for an overview of your main rights under each.
A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object.
You can stay in your premises on the same terms, paying the same rent and A charge levied against a tenant, usually to pay for the provision of services at, and maintenance of, the rented premises. until either you or your landlord take steps to bring your tenancy to an end. Even then, your landlord can only bring your tenancy to an end in limited circumstances if you want to stay. For how to renew or extend, see Q&A 5.
A business tenancy which is not protected by the Landlord and Tenant Act 1954, so that the tenant does not usually enjoy a legal right to request a renewal or to remain in the property after the expiry of the term.
You have no legal right to stay in your premises after the term of your business tenancy ends. Your landlord has the right to regain possession of the premises at the end of the term if they want. For further guidance, see Q&A 4.
Most fixed-term business tenancies will automatically be A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object., unless you and your landlord specifically agree at the outset that your tenancy will not be protected.
The legal procedure that your landlord must follow to avoid your tenancy being protected means that you will have been clearly notified, in writing, before you gave up your rights. Check your tenancy agreement and the documentation you signed when you entered into your tenancy agreement if you are unsure.
The main exception is for very short business tenancies for a fixed period of six months or less. This type of short-term tenancy is not a A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object. unless it says you can renew it, or you have been in the property for over 12 months. Tenancies which are not for a fixed term, but renew automatically eg from month to month or quarter to quarter. (those which do not have an initial fixed period, but simply roll over from month to month, quarter to quarter etc from the start) are protected.
Other less common exceptions are A business run from the owner's main home. tenancies, agricultural holdings or farm business tenancies, tenancies created from mining leases, and tenancies granted as a result of your employment (for example a groundskeeper given a house on site).
For an overview of your main rights under protected and unprotected tenancies, see Choosing between protected and unprotected tenancies.
If you have an A business tenancy which is not protected by the Landlord and Tenant Act 1954, so that the tenant does not usually enjoy a legal right to request a renewal or to remain in the property after the expiry of the term., there is no automatic right to renew or extend it. You can only do so if your tenancy agreement says you can, or your landlord agrees to it. Review your tenancy agreement carefully. If it contains a right to extend or renew, you should exercise this by doing what the tenancy agreement says.
If your tenancy agreement does not have a right to renew, you will need to approach your landlord in order to agree a renewal or extension of your business tenancy. There will be no legal obligation on your landlord to grant you such a renewal or extension, and you will have to negotiate about the length and rent payable etc.
If you wish, you can simply stay in the premises after the fixed term of your tenancy has ended, paying the same rent and A charge levied against a tenant, usually to pay for the provision of services at, and maintenance of, the rented premises. unless or until your landlord takes steps to renegotiate terms or bring your tenancy to an end.
If your A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object. was originally granted for a period of over one year, and you want to apply for a new tenancy, there is a specific process you have to follow, starting with serving a formal written notice (called a A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954.) on your landlord. For guidance on the full process, see Q&A 6 and following.
If your landlord wants you to leave, or to change the terms of your tenancy, they will need to To deliver or send documents to be used in court proceedings to someone in a way that complies with court rules. a formal written notice (called a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954.) on you. For further guidance, see Q&A 29 and following.
This is the notice that a tenant must send to their landlord to ask for a new A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object.. It is so called because it comes from section 26 of the A piece of legislation that governs the relationship between landlords and tenants of business premises, giving particular protections to the tenant, most notably a right to renew the tenancy in some circumstances..
A A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. is only a request for a tenancy, and it simply sets out the tenant's proposals for a new tenancy. The landlord can oppose giving the tenant a new tenancy on certain specified grounds if they wish.
For guidance on when and how to send it, see Q&A 7.
For whether you have a A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object. and therefore have the right to ask for a new tenancy, see Q&A 3.
When you have made the decision to request a new tenancy from your landlord (see Q&A 5), preparing and sending a A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. is a case of:
checking you have the right to send the notice (see Q&A 8);
drafting the notice properly; and
sending the notice to your landlord between 6 and 12 months before the end of your existing tenancy (see Q&A 13).
For whether you have a A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object. and therefore have the right to ask for a new tenancy in this way, see Q&A 3.
Yes, if you have a A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object. (see Q&A 3 if you are not sure), you have the right to send a A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. asking for a new tenancy unless:
your landlord has already sent you a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. to end your tenancy (see Q&A 29 and following for what to do if you received one of these); or
you have already sent your landlord a notice to end your tenancy (see Leaving business premises for how to do this).
There are strict time limits about when you must send a A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. (see Q&A 13), and it must include specific wording.
Your suggested start date:
must be after the end date of your current tenancy; and
must be between six and twelve months after the date that you To deliver or send documents to be used in court proceedings to someone in a way that complies with court rules. your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. on your landlord. It is best to make sure you are comfortably within this time-frame if possible to avoid mistakes.
For example:
Today's date is 4 November and you want to hand your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. to your landlord today. Your current tenancy ends on 4 December.
The earliest start date for a new tenancy you could give in your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. is 4 May next year (six months after service of your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. and after the end date).
The latest start date for a new tenancy you could give in your notice is 4 November next year (12 months after you Delivered or sent documents to someone for use in court proceedings in a way that complies with court rules. your notice).
Your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. must include a description of the premises you are renting, the proposed rent, and desired length of the tenancy, and any other terms that you want to apply to the new tenancy agreement.
It is common practice to just use the terms of the existing tenancy agreement as the starting point for the new one. Unless there is anything that you want to change, you can simply state that you would like the new tenancy to be on the same terms as the existing one, just for a new fixed period.
When choosing how to To deliver or send documents to be used in court proceedings to someone in a way that complies with court rules. your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954., bear in mind how long before the law says it is received. Make sure that you do not go under the minimum six months' notice that you have to give (see Q&A 13 for when to send your notice).
Start by looking at your tenancy agreement to see if it says you should send your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. to a particular address or person. It may tell you to send any notices to an A person who acts on behalf of another (eg an employee or a solicitor). , or to use a particular address for your landlord.
To be safe, check that your landlord received your request by asking for confirmation from them.
There are technical legal rules for some ways of serving your notice that mean your landlord is considered to have received it, even if in reality, they have not:
If you hand deliver the notice or leave it at your landlord's last known place of business or residence
The notice will be effective from the date that you delivered it, rather than the date it is actually seen by the landlord.
If you send your notice by A postage service where the item is tracked and signed for on delivery, so that the sender can have proof of delivery. or recorded delivery to your landlord's last known place of business or residence
The notice will be effective from the date that you post the notice. Keep evidence of postage.
If you are a One who is renting property from a tenant., you can To deliver or send documents to be used in court proceedings to someone in a way that complies with court rules. notice on your immediate landlord (whoever your tenancy agreement is with), rather than the The landlord at the top of a chain of leases and sub-leases. (whoever is at the top of the ownership chain) as long as your immediate landlord has at least 14 months left on their own tenancy.
If you are unsure about who to send the notice to, you can ask your immediate landlord. This is called making a request for information.
If you want to renew your A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object., you must send a A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. between 6 and 12 months before you want your new tenancy to start. Your new tenancy cannot start before your current one ends, although it does not have to start immediately after.
The precise date you send your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. will depend on when you want your new tenancy to start, and how long is remaining on your tenancy. This is because your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. must specify a start date for your new tenancy. It must be both:
after the date that your current tenancy ends; and
6 to 12 months from the date that you give your notice to your landlord.
If your landlord has sent you a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954., asking to end your tenancy, you must respond to that and cannot send a A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954..
There can also be a commercial element to the timing of your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954.. If rents have fallen during the term of your tenancy, it can make sense to To deliver or send documents to be used in court proceedings to someone in a way that complies with court rules. a notice as early as possible, so that you can negotiate a fairer rent. Conversely, if rents have increased significantly, a new tenancy will likely lead to a rent increase, so it can be better just to sit tight. In such circumstances, it is likely that your landlord will prompt renegotiation in any event (see Q&A 29).
Yes, unless your landlord has already given you a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. to end your tenancy.
Although the minimum (1) The length of time in advance which a notice must be given before it can take effect (2) The requirement to inform employees that they are being dismissed a certain amount of time in advance of their last day of employment. for a A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. is 6 months before the proposed start date for your new tenancy, that start date does not have to be day after your current tenancy ends. It can be any day after, so long as you can give 6 to 12 months' notice of it.
If you have a A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object., you can stay in the premises on the same terms in the meantime.
Not yet. The maximum notice you can give is 12 months before you want your new tenancy to start, and it cannot start before your current tenancy ends.
Yes, if you have just stayed in the premises, using them for your business as before.
Once you have sent a A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954., your landlord has two months to indicate whether they want to oppose your request. They can oppose by sending you a A notice given in response to an initial notice from someone else. , outlining their objections. If you cannot agree a way forward, the next step is for either one of you to ask a court to decide what should be done. See Q&A 21 and following for details of how your landlord might respond.
It is important that you keep track of time after sending your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954.. If your landlord fails to respond to your notice and the two month deadline passes, you should take further steps promptly (see Q&A 19). If you allow the proposed start date in your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. to pass, you will lose the right to a new tenancy, so it is important you take steps to resolve the position promptly.
In short, no. Once you have given your landlord a valid request for a new tenancy, you cannot take it back if you change your mind.
If your landlord fails to respond after two months, you should make an application to your local A local court for civil (non-criminal) claims between people or companies. for a new tenancy.
It is vital that you make this application to court before the start date for your new tenancy that you put in your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954.. If you fail to make an application to court before this date, your current tenancy simply ends and you lose your right to a new tenancy.
See Q&A 40 for further information on making the application to the court.
If you sent your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. using one of the two approved methods of service (see Q&A 11) then your notice is good, regardless of whether your landlord actually saw it. As long as you can prove that you either hand-delivered or used A postage service where the item is tracked and signed for on delivery, so that the sender can have proof of delivery. to To deliver or send documents to be used in court proceedings to someone in a way that complies with court rules. your notice to the right address, then it does not matter if it is not received or returned undelivered.
This means that the key date is the date you sent your notice, not the date it was received. You should show your landlord proof of posting, and let them know that if they want to oppose your request for a renewal they must respond within two months of the date you delivered or posted the notice. For example: if you posted the notice on 2 May by A postage service where the item is tracked and signed for on delivery, so that the sender can have proof of delivery., your landlord must respond by 2 July.
If you sent your notice by another method of service, for example by ordinary post rather than A postage service where the item is tracked and signed for on delivery, so that the sender can have proof of delivery., then it will only be valid if you can prove that your landlord actually received the notice.
In response to your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954., your landlord can:
simply accept your request for a new tenancy on the terms that you have proposed (see Q&A 22);
negotiate with you about the terms of any new tenancy if they do not accept your proposal (see Q&A 23); or
oppose your request for a new tenancy (see Q&A 26).
Your landlord has two months from when you made your section 26 request to say if they oppose it. For guidance on what to do if your landlord does not respond to your request for a new tenancy within two months, see Q&A 19.
If your landlord is happy to grant you a new tenancy on the terms you propose in your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954., they should notify you of this in writing and arrange for a new tenancy agreement to be prepared and signed.
You should check the new tenancy agreement matches the terms you set out in your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. before you sign it.
Before sending you a tenancy agreement, your landlord might first send you a document called 'Heads of terms, also referred to as a letter of intent, heads of agreement or memorandum of understanding, is typically not legally binding (with possible exceptions sometimes, such as exclusivity and confidentiality), will be signed or agreed by two or more parties, and will set out, often in brief, key commercial points which form the basis for negotiations between the parties and a timescale for entering into a legally binding agreement. '. Heads of terms, also referred to as a letter of intent, heads of agreement or memorandum of understanding, is typically not legally binding (with possible exceptions sometimes, such as exclusivity and confidentiality), will be signed or agreed by two or more parties, and will set out, often in brief, key commercial points which form the basis for negotiations between the parties and a timescale for entering into a legally binding agreement. are a written summary of what you have agreed. They are not the actual tenancy agreement – they will say they are A phrase used in negotiations which means that no legally binding agreement is created until a formal contract has been produced.. If you are sent Heads of terms, also referred to as a letter of intent, heads of agreement or memorandum of understanding, is typically not legally binding (with possible exceptions sometimes, such as exclusivity and confidentiality), will be signed or agreed by two or more parties, and will set out, often in brief, key commercial points which form the basis for negotiations between the parties and a timescale for entering into a legally binding agreement. during a tenancy renewal, review them carefully to check you agree with what they say. They should cover the most important details like what you have to pay and when, what responsibilities you and your landlord will have to maintain the premises, and when and how you or your landlord can end the tenancy.
Yes. Your landlord can respond to your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. by writing to tell you that they want to negotiate the terms of the new tenancy. Your landlord should set out their proposal for the new tenancy, which could include an alternative start date, a shorter or longer term, or a different rent. Negotiations will continue until you are able to reach agreement. Once you reach agreement, your landlord will prepare a new tenancy agreement for signature by you. See Choosing premises and negotiating terms for tips on what you should look out for when negotiating a new tenancy.
Before sending you a tenancy agreement, your landlord might first send you a document summarising what you have agreed, called 'Heads of terms, also referred to as a letter of intent, heads of agreement or memorandum of understanding, is typically not legally binding (with possible exceptions sometimes, such as exclusivity and confidentiality), will be signed or agreed by two or more parties, and will set out, often in brief, key commercial points which form the basis for negotiations between the parties and a timescale for entering into a legally binding agreement. '. They are not the actual tenancy agreement – they will say they are A phrase used in negotiations which means that no legally binding agreement is created until a formal contract has been produced..
If you are unable to reach agreement with your landlord, you must apply to court for a new tenancy before the start date for a new tenancy that you wrote in your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. (see Q&A 39). If you let that date pass, your tenancy ends and you lose your rights to renew it. It is therefore vitally important that you keep the commencement date in mind when you are negotiating with your landlord. For what to do during negotiations with your landlord, see Q&A 24.
Yes. You must keep careful track of the start date for your new tenancy that you put in your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954.. If you cannot reach agreement with your landlord before that date, you must take action or you will lose your right to renew. You have two options:
Agree an extension of time for negotiations
This extension must be agreed in writing with your landlord before the start date for the new tenancy that you put in your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954.. An extension will be appropriate if you think you can reach agreement with your landlord.
You can agree more than one extension if you need. Never let the end date of an extension pass without agreeing a new one or making an application to court for a decision to be made. If the extension ends without either of these actions, you lose your rights.
Make a court application for a new tenancy
If it seems you will not be able to reach agreement with your landlord, or if the start date set out in your notice is approaching and no extension is forthcoming, you can ask the court for a new tenancy. The court will then decide its terms. See Q&A 40 and following for how to do this.
If you cannot agree terms for a new tenancy with your landlord, you will need to make a court application for a new tenancy. You must make this application before the start date for the new tenancy that you put in your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954.. The court will then decide the terms of your new tenancy. For further guidance, see Q&A 40 and following.
If you allow the start date in your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. to pass without either agreeing an extension with your landlord in writing, or making a court application for a new tenancy, you will lose your right to a new tenancy. It is therefore vital that you keep track of time after sending a A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954..
Yes, but only on limited grounds. Your landlord can oppose your new tenancy if:
you are in A violation of a legal or moral obligation. of your obligations under the tenancy, eg if you have allowed the property to fall into disrepair (assuming you are responsible for those repairs) or persistently failed to pay rent;
your landlord can offer you suitable and reasonable alternative accommodation;
your landlord is consolidating their premises. This will apply if you are a One who is renting property from a tenant. occupying part of a premises and the landlord wishes to let or sell the entire premises as one because they can get more money that way;
your landlord needs the premises back because they want to demolish or rebuild them; or
your landlord wants to use the premises for their own business, or to live in the premises.
Note if your tenancy is not a A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object. and you do not have the right to renew, your landlord can always refuse any request for a new tenancy for any reason. For further guidance, see Q&A 4.
Depending on which of these reasons your landlord relies on, you may be entitled to compensation for the loss of your tenancy. See Q&A 43.
Your landlord can oppose your request for a new tenancy by sending you a A notice given in response to an initial notice from someone else. within two months of your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954.. The A notice given in response to an initial notice from someone else. will say that the landlord will not agree to a new tenancy, and will also set out the reasons for their opposition (see Q&A 26 for the only reasons they are allowed to use).
For guidance on what you should do if your landlord opposes your section 26 request for a new tenancy, see Q&A 28.
If your landlord opposes your request for a new tenancy, but you disagree with the reasons they give, you will need to apply to court for a new tenancy. The court will decide whether your landlord's grounds of opposition are valid. The deadline for making a court application is the day before the proposed start date for your new tenancy that you specified in your A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954.. It is very important that you make your application before this deadline otherwise you will lose your right to apply for a new tenancy.
For information on how to apply to your local A local court for civil (non-criminal) claims between people or companies. for a grant of a new tenancy, see Q&A 40. However, you should consider obtaining separate specialist legal advice if you intend to apply to court for a new tenancy, and your landlord is in opposition.
You may be entitled to compensation if your landlord successfully opposes your new tenancy. Your entitlement will depend on the grounds cited by the landlord in opposition to your new tenancy. For further guidance, see Q&A 43.
It is a notice from a landlord to a tenant saying that the landlord wants to end the tenancy and explaining whether they are prepared to offer a new tenancy to replace it or not. It is so called because it comes from section 25 of the A piece of legislation that governs the relationship between landlords and tenants of business premises, giving particular protections to the tenant, most notably a right to renew the tenancy in some circumstances. and is only used in A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object.. See Q&A 3 for how to tell if your tenancy is a A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object. or not.
If your landlord is not willing to offer you a new tenancy, the A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. must explain why. There are limited reasons that your landlord can use. See Q&A 31.
If your landlord is willing to offer a new tenancy, the A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. will set out their proposed terms for a new tenancy, including a start date.
Before sending you a tenancy agreement, your landlord might first send you a document summarising what you have agreed, called 'Heads of terms, also referred to as a letter of intent, heads of agreement or memorandum of understanding, is typically not legally binding (with possible exceptions sometimes, such as exclusivity and confidentiality), will be signed or agreed by two or more parties, and will set out, often in brief, key commercial points which form the basis for negotiations between the parties and a timescale for entering into a legally binding agreement. '. They are not the actual tenancy agreement – they will say they are A phrase used in negotiations which means that no legally binding agreement is created until a formal contract has been produced.. They will cover the important rights and obligations between you and you landlord so it is important that you check them carefully before giving your landlord the go-ahead to prepare a tenancy agreement that reflects them.
For what you should do if you receive a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954., see Q&A 30 and following.
Read it carefully and act promptly. If you do not deal with it in good time, you can lose your right to a new tenancy.
It will either set out proposed terms for a new tenancy after your current one ends, or explain why the landlord is not willing to grant you a new tenancy.
If your landlord sets out terms for a new tenancy, these are simply a proposal. You are free to:
accept these terms (see Q&A 33);
respond to your landlord with a counter-proposal of different terms for a new tenancy (see Q&A 34); or
apply to court for a new tenancy (eg if you and your landlord cannot agree) (see Q&A 39).
If your landlord is not offering you a new tenancy, the notice will explain why. Your landlord can only rely on a limited number of reasons for evicting you (see Q&A 31). If you disagree with the reason they have given, you or your landlord will have to apply to court for a decision on whether you must leave, or are entitled to stay and have a new tenancy. For how to do this, see Q&A 40.
In all cases, you should respond to the A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. in writing, before the end date for your current tenancy (or proposed start date for a new one) set out in the notice.
Your landlord can only give you a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. and refuse to grant you a new tenancy in limited circumstances, namely if:
you are in A violation of a legal or moral obligation. of your obligations under the tenancy, eg if you have allowed the property to fall into disrepair (assuming you are responsible for those repairs) or persistently failed to pay rent;
your landlord can offer you suitable and reasonable alternative accommodation;
your landlord is consolidating their premises. This will apply if you are a One who is renting property from a tenant. occupying part of a premises and the landlord wishes to let or sell the entire premises as one because they can get more money that way;
your landlord needs the premises back because they want to demolish or rebuild them; or
your landlord wants to use the premises for their own business, or to live in the premises.
The A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. from your landlord must set out which of these grounds they are relying on. If you want to challenge the reason that your landlord gives, and press for a new tenancy, you can apply to court to resolve the dispute. For when and how to do this, see Q&A 39.
Unless you are happy for your tenancy to end, you must respond to a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. promptly, and before the termination date (or start date for a new tenancy) set out in the notice. If you have not either agreed a new tenancy, started Legal action which is being pursued through a court. or agreed to an extension of time to sort things out by that date, you will lose your right to a new tenancy.
Your response will depend on the content of the A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954.. For your options, see Q&A 30.
If you want to accept your landlord's offer of a new tenancy in a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954., you should do so in writing. You should respond promptly, and in any event by the proposed commencement date of the new tenancy.
Your landlord should then arrange for a new tenancy agreement to be prepared and signed. You should ensure the new tenancy agreement matches the terms you set out in the A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. before you sign it.
Before sending you a tenancy agreement, your landlord might first send you a document summarising what you have agreed, called 'Heads of terms, also referred to as a letter of intent, heads of agreement or memorandum of understanding, is typically not legally binding (with possible exceptions sometimes, such as exclusivity and confidentiality), will be signed or agreed by two or more parties, and will set out, often in brief, key commercial points which form the basis for negotiations between the parties and a timescale for entering into a legally binding agreement. '. They are not the actual tenancy agreement – they will say they are A phrase used in negotiations which means that no legally binding agreement is created until a formal contract has been produced.. They will cover the important rights and obligations between you and you landlord so it is important that you check them carefully before giving your landlord the go-ahead to prepare a tenancy agreement that reflects them.
Yes, if your landlord has set out a proposal for a new tenancy in their A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. to you.
You can respond to your landlord in writing with your own proposal for the new tenancy. You might want to suggest a different start date, a shorter or longer term, or a different rent. Negotiations can continue until you are able to reach agreement. Once you reach agreement, your landlord will prepare a new tenancy agreement for signature by you.
Before sending you a tenancy agreement, your landlord might first send you a document summarising what you have agreed, called 'Heads of terms, also referred to as a letter of intent, heads of agreement or memorandum of understanding, is typically not legally binding (with possible exceptions sometimes, such as exclusivity and confidentiality), will be signed or agreed by two or more parties, and will set out, often in brief, key commercial points which form the basis for negotiations between the parties and a timescale for entering into a legally binding agreement. '. They are not the actual tenancy agreement – they will say they are A phrase used in negotiations which means that no legally binding agreement is created until a formal contract has been produced.. They will cover the important rights and obligations between you and you landlord so it is important that you check them carefully before giving your landlord the go-ahead to prepare a tenancy agreement that reflects them.
Be careful not to let the date on your landlord's A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. pass without either signing up to a new tenancy or agreeing an extension to carry on negotiations, otherwise you will lose your rights. For guidance on what you should do whilst negotiations for a new tenancy are ongoing, see Q&A 35.
Yes. You must keep careful track of the start date for the proposed new tenancy/end date for your current tenancy that your landlord has put in the A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954.. If you cannot reach agreement with your landlord before that date, you must take action or you will lose your right to renew. You have two options:
Agree an extension of time for negotiations
This extension must be agreed in writing with your landlord before the date in the A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954.. An extension will be appropriate if you think you can reach agreement with your landlord.
You can agree more than one extension if you need. Never let the end date of an extension pass without agreeing a new one or making an application to court for a decision to be made. If the extension ends without either of these actions, you lose your rights.
Make a court application for a new tenancy
If it seems you will not be able to reach agreement with your landlord, or if the date set out in your landlord's notice is approaching and no extension is forthcoming, you can ask the court for a new tenancy. The court will then decide its terms. See Q&A 40 and following for how to do this.
If your landlord has given you a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. and you cannot agree terms for a new tenancy with them, you will need to make a court application for a new tenancy. Make this application before the date set out in the A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. for your current tenancy to end/a new tenancy to start. If this date passes, you will lose any rights you had to a renewal.
The court will then determine the terms of your new tenancy. For further guidance, see Q&A 40.
Yes, if you disagree with the reason they have given for wanting to end it and not give you a new tenancy to replace it.
You can apply to court to ask for a new tenancy. You should do this before the termination date set out in your landlord's A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954., otherwise you will lose your right to do so. It can be expensive and time consuming to do this so it is advisable to get professional advice before you start. For access to a specialist lawyer in a few simple steps , you can use our Ask a Lawyer service.
For further guidance on asking the court for a new tenancy, see Q&A 40 and following.
If you wish to stay in your premises, you should always respond to a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954..
If your landlord is seeking to end your tenancy and not offer you a new tenancy, failing to respond will simply mean your tenancy ends on the termination date set out in the landlord's A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954..
If you wish to leave your premises and you receive a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954., you can simply respond by confirming that you will vacate by the date set out in the notice. You can then liaise with your landlord to ensure you vacate the premises in an orderly manner. See Practicalities when leaving business premises for guidance on how to go about this.
You can apply to court for a new business tenancy if you have a A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object. and:
you have sent a A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. to your landlord, but they have failed to respond after two months (see Q&A 19); or
you have sent a A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. to your landlord, but have been unable to agree on terms for a new tenancy (see Q&A 25); or
you have sent a A written notice given by a tenant to his landlord requesting the renewal of his protected business tenancy. It is so called because it comes from section 26 of the Landlord and Tenant Act 1954. to your landlord, but they have opposed your new tenancy (see Q&A 28); or
you have received a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. from your landlord offering you a new tenancy, but you have been unable to agree on terms of the new tenancy (see Q&A 36); or
you have received a A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954. from your landlord refusing a new tenancy, but you do not agree that they have a valid reason and want to stay (see Q&A 37).
In all cases, you should ensure you apply to court before the start date for a new tenancy (or end date for your current tenancy) set out in the notice, otherwise you will lose your right to make it. If you have agreed with your landlord in writing to extend the deadline, you must apply to the court before your last agreed extension runs out. For guidance on how to make the application to court, see Q&A 40.
If you are considering making an application to court for a new business tenancy, you should always consider obtaining specialist legal advice. In particular, if you believe your landlord will be contesting your application. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
You should make an application to your local A local court for civil (non-criminal) claims between people or companies.. You should ensure you make the necessary application to court either by the commencement date (or termination date) set out in your landlord's A written notice given by a landlord to either end a protected business tenancy or propose terms for its renewal. It is so called because it comes from section 25 of the Landlord and Tenant Act 1954., or before the commencement date set out in your own 26 notice. The court will direct what happens next depending on whether your landlord opposes you or not.
If you are considering making an application to court for a new business tenancy, consider obtaining specialist legal advice, particularly if you think your landlord will contest your application. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
If you receive notice of an application to court from your landlord, you will need to submit a document called an A document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond.. You will have 14 days to submit this document.
If you receive an application to court from your landlord, you are strongly advised to obtain specialist legal advice. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
Your tenancy will continue until a A command made by a court or a judge which requires a person to do or not do something. is made either granting you a new tenancy or confirming that your landlord is allowed to end it.
Broadly, you are entitled to compensation if your landlord ends your A type of business tenancy under the Landlord and Tenant Act 1954 which gives the tenant the right to stay in the premises after it ends and request a new tenancy, whilst limiting the grounds on which the landlord can object. because:
they want to demolish or reconstruct the property;
they intend to use the property themselves (either for their own business or to live in it); or
you are sub-letting part of the property from the landlord, but it would be more economical for the landlord to let the property as a whole.
Note that if your landlord successfully relies on other reasons as well as one of these three, you are not entitled to compensation.
You might have agreed to give up your right to compensation from your landlord. An agreement like this is only if you have been in the premises for less than five years at the date your tenancy is ended.
If you have made any improvements to the property, you could be entitled to compensation for them too, although you lose this right if you have renewed your tenancy since you did the work. See Claiming compensation for alterations or improvements for whether you are eligible and how to get this compensation.
If you are eligible for compensation (see Q&A 43), the amount of compensation is linked to the The amount that the Valuation Office believes a property would cost to rent for a year on the open market; this figure is used to determine business rates. of the premises (you can check your rateable value here).
If your business has been in the premises for less than 14 years, the compensation is simply the The amount that the Valuation Office believes a property would cost to rent for a year on the open market; this figure is used to determine business rates.. Where you have been in the premises for 14 years or more, compensation is twice the The amount that the Valuation Office believes a property would cost to rent for a year on the open market; this figure is used to determine business rates..
If you are unsure about your entitlement to compensation, it is sensible to obtain specialist legal advice. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
You may also be entitled to compensation for work you have done to the property during your tenancy, although you lose this right if you have renewed your tenancy since carrying out the improvements. To find out whether you could get this additional compensation, see Claiming compensation for alterations or improvements.