If the lease is protected, this affords the tenant with security of tenure in accordance with the Landlord & Tenant Act 1954 Part II, so on expiry the occupying tenant has a right to renew.
If the lease is outside the provisions of the 1954 Act, the occupying tenant has no automatic right of renewing their lease and can only remain in occupation with the landlord’s consent.
A protected lease, one with security of tenure, is governed by the 1954 Act and procedure. Careful consideration needs to be made as to when to serve a Notice to terminate the contractual term of a lease. A Tenant can serve a Section 26 Notice and a Landlord can serve a Section 25 Notice. A minimum of 6 months and a maximum of 12 months’ Notice is required in either circumstance.
Depending on the market conditions, the property in question and evidence available, it is important that early advice is obtained so a clear strategy and tactics can be thought out ahead.
If a lease is contested or the terms cannot be agreed upon then we are able to advise on the Court procedure and/or the use of PACT under Dispute Resolution.