The Comprehensive Guide on Section 25 Notices [EXPLAINED]

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Negotiation

When there is a new lease in a section 25 notice, the terms are agreed by negotiation. This will mean the tenant and landlord discussing the issue amongst themselves, coming to a conclusion and making an application to the court once all of the terms are agreed. This saves time and money.

Mediation

Mediation is a formal meeting where an independent third party will try to help both people to agree and come to a solution. The terms of a new tenancy agreement or the issues which might have led to a landlord wanting to end a tenancy can be resolved through mediation. You can hire a solicitor to help you better understand the process or represent you in mediation. This option is cheaper and faster than going to court.

Go to Court

If the tenant wants to oppose the section 25 notice ending their tenancy, the landlord will need to apply to the court and convince the court that the grounds for ending the lease can be justified. If the landlord is successful, the court will not order a new tenancy. Otherwise, the court will order a new tenancy and decide the terms. The tenant and landlord will need to get legal advice. This is the most expensive and time consuming option.

Step 1

Check Requirements

First you should check the existing tenancy agreement to see if there is a clause which excludes a section 25 notice. You should also make sure that you serve the notice between 6 and 12 months before you want the tenancy to end (or the new one to begin). If you want to end a lease, you should first check that the ground you want to end the lease on is justified. For more information on these grounds, you should seek advice from a solicitor.

Step 2

Tenant’s Section 26 Notice

If you are a tenant and your landlord has not already sent a section 25 notice, you can send a section 26 notice. In a section 26 notice, you can request a new tenancy and propose new terms. A section 26 notice should be sent between 6 and 12 months before you want the new tenancy to start. You can utilise online templates or hire a solicitor to help you write the notice.

Step 3

Landlord serves notice

If you are a landlord, you should serve a section 25 notice followed by an application to the local county court. Serving a notice simply means giving a formal warning or information to another person. You should do this if you would like to bring your tenancy to an end or would like to keep your tenant, but on new terms. You can choose to purchase a template online or hire a solicitor to help you write the notice. The best way to serve a notice is by physically handing it to your tenant, asking them to sign or having an independent witness.

Step 4

If the Tenant Opposes

If the tenant is not happy with the section 25 notice, they can respond by asking to negotiate with the landlord or issue proceedings to the court. New terms can be negotiated between the tenant and landlord themselves or through mediation. If it is taken to court, the landlord has to convince the court that their reasons for ending the lease can be justified. If the landlord is unsuccessful, the court will order the grant of a new tenancy and decide the terms. Both people will have to seek legal advice if the dispute gets to this stage.

Step 5

Renewal of Lease or Ending of Lease

If both people are happy with the details of the section 25 notice, the court will approve the application and then a new tenancy will start on the date specified on the notice or the tenant will move by the date specified on the notice.