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Section 26 Notice
This form is for
use by a tenant with a commercial lease in England or Wales. The Landlord and Tenant Act
1954 broadly gives business tenants security of tenure - the right to
renew the tenancy when it comes to an end. Landlords can oppose renewal
of the tenancy for certain limited, specific reasons, for example: failure
to pay rent, or if the landlord wants to redevelop the premises or get
them back for his own use. Landlords can either apply to the court to
end the tenancy, or can oppose the tenant's application for renewal.
To request a new
tenancy and propose terms for renewal the tenant would need to send
the landlord a Section 26 Notice. This must be sent between 6 and 12
months before the tenant wants the new tenancy to commence - which itself
must be after the normal expiry date of the lease. It cannot be sent
if the landlord has already sent a
Section 25 Notice.
If the landlord
is willing to renew the lease, the landlord will consider the tenant's
proposals for a new tenancy set out in the Section 26 Notice. If both
parties agree on the terms, the new tenancy will begin on the date set
out in the Notice. If the parties cannot agree on the terms of a new
tenancy, either party may apply to the court to order the grant of a
new tenancy and settle the terms upon which they cannot agree.
If the landlord opposes a new tenancy the landlord must apply to the
court to end the tenancy citing one or more of the specific reasons
set out in the Landlord and Tenant Act 1954. The court will not order
a new tenancy where the landlord successfully argues that one or more
of the specific reasons apply. If the landlord is unsuccessful in opposing
renewal, the court will order the grant of a new tenancy and settle
its terms.
The landlord must
respond to a tenant's Section 26 request within two months of receiving
it if he wishes to oppose the grant of a new lease.
Please note that this form states that if
the tenant may be entitled to acquire the freehold or an extended
lease, then Form 7 in Schedule 2 to the Landlord and Tenant Act
1954, Part 2 (Notices) Regulations 2004 must be used instead of
this form. This refers to situations where the tenant may have rights
under the Leasehold Reform Act 1967 where the property is a "house"
and the tenant is occupying it as such. We do not provide Form 7
since our commercial lease documents are intended for use with commercial
premises such as offices, warehouses or workshops.
None of the above is applicable in Scotland, or in England and Wales
if the tenant and landlord had opted out of the Landlord and Tenant
Act 1954 when the lease was first agreed.
This Section 26 Notice is
included in our Commercial
Lease package for England and Wales.
The price of this document is £15.98
including VAT if bought individually. You can view a sample document here.
How to order
Choose the appropriate format for your Section
26 Notice: Word Template (.dot) or Word Document (.doc) 
Related Clickdocs documents
- Commercial
Leases - short and long-term leases for letting a commercial
property
- Section
25 Notice - nnotice sent from Landlord to Tenant regarding renewal of commercial tenancy
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