Unopposed Lease Renewal - Landlord

Question 1

Before serving s25 Notice - stage 1

Answer 1

• Does the tenant satisfy qualifying criteria for security of tenure under s23?

Question 2

Before serving s25 Notice - stage 2

Answer 2

Obtain OCEs from HMLR and confirm identity of competent LL and identity of tenant

Check rent demands accord with OCEs

Question 3

Before serving s25 Notice - stage 3

Answer 3

Check contractual expiry date of the lease

Check if s26 notice has been served by tenant

Question 4

Before serving s25 Notice - stage 4

Answer 4

Take instruction on date to specify in s25 notice

Take instructions on what terms to propose for new lease in the notice

Question 5

Before serving s25 Notice - stage 5

Answer 5

Confirm tenant’s address - Check Companies House

Question 6

Serving s25 Notice

Answer 6

Must be in prescribed form - use precedent

Must be served in accordance with s66(4) - personal service or recorded delivery

Potentially consider serving s40 notice requesting further information with the s25 notice - change in identity of party receiving notice

Question 7

Receiving s26 request

Answer 7

Check if it is in prescribed form

Check it has been served in accordance with s66(4)

Question 8

After service of s25 notice - stage 1

Answer 8

Note deadline for making court application - 2 months after service

Question 9

After service of s25 notice - stage 2

Answer 9

Advise the LL to put a rent stop in place rom the expiry of the date specified in the notice - if tenant remains in occupation and rent is demanded or received, a periodic tenancy may arise and fresh rights under LTA 54 accrue

Question 10

After service of s25 notice - stage 3

Answer 10

Consider starting negotiations. Marked WP and subject to lease. Open correspondence is binding.

Consider dilapidations - may lose right depending on lease if the contractual terms ends - service of schedule before end of lease

Question 11

After service of s25 notice - stage 4

Answer 11

Issue claim - CPR Part 8 - usually tenant to protect their right to lease renewal

Consider claiming interim rent - in claim form

Question 12

What happens after claim has been issued and served?

Answer 12

Acknowledge service - if T has issued claim

Attempt to agree directions

Continue lease negotiations

Question 13

What happens if the parties reach agreement?

Answer 13

Instead of discontinuing proceedings it may be appropriate to enter into a consent order bringing the claim to an end with no order as to costs

Question 14

What happens if the parties do not complete a new lease and no claim is issued?

Answer 14

If no party issues a claim before the expiry of the statutory period (2 months), the the lease will end on that date and the tenant will have no right to remain

If they remain and rent is demanded or received, there is a risk of a periodic tenancy and fresh rights under the 54 act accruing