Lease Renewals
If your leases is afforded the protection of the Landlord and Tenant Act 1954, upon expiry your lease will carry on unless you move out, before or on the expiry date, otherwise it will continue on the same terms and conditions as the original lease, including the rent until it is brought to end by the landlord or tenant.
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The lease can only be brought to an end with either moving out or with the landlord serving what is called a Section 25 notice under the Act. This can be done between 6 and 12 months before the expiry of the lease. This will either offer new terms unopposing a renewal or bringing the lease to an end if the landlord can persuade a court that a new lease should not be granted.
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The tenant can also contemplate the expiry of a lease and serve a section 26 request offering terms to the landlord for a new lease.
If terms cannot be agreed, either party can make an application to the court to determine the terms for a new lease. At this stage, the matter becomes very costly, not only in legal costs but also with court costs. This part of the process should be avoided at all costs, and professional advice should be sought, on rental and lease terms. New leases are influenced with Case Law and any flexibility on terms may be out of each parties hands. To this end, the earlier advice is sought means that there be more flexibility in negotiations. The following issues need to be contemplated in advance:-
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Negotiating rent, including advice on the proposal and serving notices
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Dispute resolution procedure
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Representing the tenant at arbitration or independent expert determination
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Evidence submission
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Calderbank offers to settle and costs
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Expert Witness for court procedure
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Advising and assisting Solicitors on the approval of leases and other documents
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Advice on the content of leases
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Lease Restructuring, re-gears, surrenders
