UK · EU · US · InternationalI have received a section 25 notice. What do I do?
You have between six and twelve months, and one deadline that ends everything. Read the notice for two things: the termination date, and whether the landlord opposes renewal. You do not need to serve a counter-notice, that requirement was abolished in 2004. But an application to court must be made before the termination date, or the deadline extended in writing before it passes. Miss it and the statutory right to a new lease is gone.
Section 25 notice assessment: £495, agreed in writing before any work begins. No VAT. Advice by Santosh Pandey, Solicitor of England and Wales, SRA No. 641612. Handled entirely in writing. See the full lease fee schedule.
A section 25 notice is how a landlord ends a business tenancy protected by Part II of the Landlord and Tenant Act 1954. Protected tenancies do not simply expire. They continue on the same terms until one of the statutory procedures is used, which is what security of tenure means in practice.
First, check three things on the notice
The termination date. It must be between six and twelve months from service, and no earlier than the contractual expiry. This date is the one that matters, because it is the deadline for the court application.
Whether the landlord opposes renewal. There are two prescribed forms under the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004, one for opposed and one for unopposed. An unopposed notice sets out the terms the landlord proposes for a new lease. An opposed notice must state which of the grounds in section 30(1) is relied on.
Whether the form is valid. Using the wrong prescribed form, or one that departs materially from it, is likely to make the notice invalid. So is service by the wrong party, since the notice must come from the competent landlord, which is not always your immediate landlord.
You no longer serve a counter-notice
Before June 2004 a tenant had to serve a counter-notice within two months or lose the right to renew. That requirement was abolished by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003. Guidance written before then, and a surprising amount written since, still says otherwise. There is nothing to serve in reply.
The deadline that actually ends your rights
An application to court must be made before the termination date specified in the notice. Either party can make it. The date can be extended, but only by written agreement under section 29B, and only if the agreement is made before the deadline passes.
If no application is made and no extension is agreed, the tenancy ends on that date. There is no relief and no discretion. This is the single most expensive mistake in the whole process, and it is usually made by a tenant who assumed negotiations would carry on and the paperwork would follow.
The seven grounds a landlord can oppose on
Section 30(1) sets them out: breach of repairing obligation, persistent delay in paying rent, other substantial breaches, suitable alternative accommodation offered, the tenancy is a sub-letting of part where the whole is worth more, the landlord intends to demolish or reconstruct, and the landlord intends to occupy the premises itself.
The last two, ground (f) redevelopment and ground (g) own occupation, are the ones most often relied on. Both require a genuine and settled intention, which the court examines closely. Where renewal is refused on grounds (e), (f) or (g), the no fault grounds, the tenant is entitled to statutory compensation.
Before you do anything, check you have protection at all
Many commercial leases are contracted out of sections 24 to 28, using the health warning and declaration procedure at the start of the term. If your lease is contracted out, the 1954 Act does not apply, there is no right to renew, and the tenancy simply ends. That is the first thing to establish, because everything else follows from it.
What we do, and where the line is
For £495 fixed we read the notice and the lease, confirm whether the 1954 Act applies, check the notice for validity, identify the termination date and diarise the court deadline, and give you a written view on the landlord's position and your realistic options. Negotiation of new lease terms follows on the lease schedule.
Issuing the court application is conduct of litigation and is referred to instructed counsel or litigation solicitors at that gate, with the file prepared. We tell you the deadline in writing so it is never missed while that handover happens.
Common questions
Do I need to serve a counter-notice?
No. The tenant's counter-notice was abolished in June 2004 by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003. Older guidance still says otherwise and is wrong.
What is the deadline?
An application to court must be made before the termination date specified in the notice. It can be extended only by written agreement under section 29B, made before the deadline passes.
What happens if I miss it?
The tenancy ends on the termination date and the statutory right to a new lease is lost. There is no discretion to extend it afterwards.
How long is a section 25 notice?
The termination date must be between six and twelve months from service, and no earlier than the contractual expiry date of the lease.
Can the landlord just refuse to renew?
Only on one or more of the seven grounds in section 30(1). Redevelopment and own occupation are the most common, both require a genuine and settled intention, and both entitle the tenant to statutory compensation.
What if my lease is contracted out?
Then the 1954 Act does not apply and there is no right to renew. Establishing this is the first step, because it decides everything else.
What does it cost?
£495 fixed for the assessment: the notice and lease read, validity checked, the deadline identified and diarised, and a written view on your options. Agreed in writing before any work begins, no VAT.