Section 25

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    Section 25

    Can you issue section 25 after the lease has expired?

    #2
    Is the lease under the landlord and tenant act 1954? Once the contractual fixed term expires you have a continuation tenancy.

    Short answer is is that a section 25 can be served at this time. Unless T has already servered a S.26 proposing terms of a new lease. In this case you can serve a counter notice.
    Answers given are simply my own opinion and should not be interpreted as legal advise. Always seek legal assistance if you have any doubts.

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      #3
      Hi

      Thank you for the information you have provided. I do not know whether the lease under the landlord and tenant act 1954, I will look into this, how can I tell?

      The tenant has not served a S.26

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        #4
        Any progress with this?

        The lease would mention protection under the 1954 act. Look for an opt out notice they may have been signed when lease began.

        What is it that you look to achieve with the s.25, new lease or end tenancy?
        Answers given are simply my own opinion and should not be interpreted as legal advise. Always seek legal assistance if you have any doubts.

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          #5
          If the lease has expired over 6 months ago, then the tenant probably has gained security of tenure anyway.

          If the lease is within the '54 Act then you need to serve no less than 6 months and no more than 12 months notice to bring the existing lease to an end, using the prescribed form.
          [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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            #6
            Yes, you can serve s25 notice after the lease has expired.
            s25 notice has to give minimum of 6 months and maximum of 12 notice.
            The end date in a s25 notice must not be before expiry of the contractual term in the existing lease.

            s26 notice can also be given after the lease has expired. s26 notice has to give minimum of 6 months and maximum of 12 notice. The end date in the s26 notice must not be before expiry of the contractual term in the existing lease.

            Only one statutory notice can be served to end the existing tenancy, so if the tenant has already given s26 notice then a landlord cannot serve s25 notice.

            If the tenant has given s26 notice then the only reason for a landlord to serve counter-notice (which must be done within 2 months of the date of the s26 notice) is if the landlord would oppose renewal of the lease on the s26 notice end date. Otherwise, no counter-notice is required.

            To qualify for renewal rights, the tenancy would have to satisfy the criterion/a specified in s23, LTA54.

            If the existing lease is outside LTA54 then the lease would contain clause/condition excluding s24-28 LTA54. Whether the exclusion details are contained in the lease or separate paperwork must be checked. Just because the lease says it is outside LTA54 doesn't mean it is: it depends upon whether the exclusion procedure was done correctly before the existing lease was granted. One can normally spot whether there is any room for doubt,

            The s25 notice has a dual function: (1) to end the existing lease on a date not less than 6 months or more than 12 months from the date of the notice; (2) to state the landlord's proposals for a new tenancy or specify the ground(s) for opposition.



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