Unopposed Lease Renewal - Tenant

Question 1

Before Service of s26 Request - stage 1

Answer 1

• Does T satisfy s23?
• Is T able to serve valid s26 request?

Question 2

Before Service of s26 Request - stage 2

Answer 2

Obtain OCEs to confirm identity of tenant / LL

Check rent demands accord with OCEs - consider whether s40 request needs to be made

Question 3

Before Service of s26 Request - stage 3

Answer 3

Check the contractual expiry date in lease

Check if LL has served s25 notice

Question 4

Before Service of s26 Request - stage 4

Answer 4

Take instructions on what commencement date to specify in the s26 request. Notice must be served not more than 12 months, nor less than 6 months before the commencement date specified in the notice.

Take instructions on what terms to propose for the new tenancy

Question 5

Before Service of s26 Request - stage 5

Answer 5

Confirm address of LL - Companies House

Question 6

Serving a s26 Request

Answer 6

Must be in prescribed form - use precedent

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

Consider also service a s40 request at the same time

Question 7

Receiving a s25 notice

Answer 7

Check it is in prescribed form

Check service is in accordance with s66(4)

Question 8

After service of s26 Request - stage 1

Answer 8

Note deadline for making court application - 2 months after service

Question 9

After service of s26 Request - stage 2

Answer 9

If T has received a s25 notice consider whether tenant wants new tenancy and if so on what terms

Question 10

After service of s26 Request - stage 3

Answer 10

Begin negotiations - ensure all correspondence is marked without prejudice and subject to lease. Open correspondence will be binding.

Question 11

After service of s26 Request - stage 4

Answer 11

Consider issuing a CPR Part 8 claim to protect right to renewal

Question 12

After issue and service

Answer 12

Acknowledge service if LL has issued

Attempt to agree directions

Continue 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