Form 1 - New Section 25 Notice: landlord
not opposing renewal

If one of these arrives on your doormat, courtesy of your landlord, ignore it at your peril. Our draft notice gives you an idea what to expect with some advice on how to respond to it.

Advice

Unless your lease has been “contracted out”, i.e. isn’t protected, then the chances are that you’ll benefit from the protection of the Landlord and Tenant Act 1954 (“the Act”). This means that you can’t be booted out unless and until the landlord does certain things. If nothing is done at all, your lease will just carry on forever. However, if your landlord wants to change things, e.g. increase the rent because your existing lease is about to end, then the first step involves serving what’s known as a Section 25 Notice. There are two forms. This one (Form 1) clearly says that your landlord doesn’t want you out. Following recent changes made to the Act it also sets out their proposals. You don’t have to accept these - they are a guide only and their purpose is to form the basis for any future negotiations between you and your landlord.

Tip

Unless you’re not intending to stay on in your premises when your lease expires, doing nothing isn’t an option. If you haven’t lodged your application with the county court for a new lease (assuming you’ve not been able to agree a new one with your landlord) by the date the notice expires, you’ll have lost your automatic right to request a new lease. Usually, the stumbling block to any agreement is the increase in rent demanded by the landlord. In order to try and limit the likelihood of the court ultimately having to sort out the terms, as soon as you’re in receipt of the notice, instruct your own valuer to negotiate an acceptable rent that you’re prepared to pay.