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Section 26 Notice

How Our Solicitors Can Help With Section 26 Notices

We'll connect you to a qualified, reputable landlord and tenant lawyer in no time. Our Section 26 solicitors can help landlords and tenants negotiate the entire lease renewal process by: 

• Drafting and Serving the Notice: Our solicitors can assist tenants in drafting a valid section 26 notice, ensuring it meets all legal requirements to avoid any mistakes that could lead to delays or dismissal of the renewal request.

• Negotiating Lease Terms: Our team can negotiate on behalf of either party to secure favourable terms for the new lease, covering rent, duration, and other conditions.

• Resolving Disputes: Qualified solicitors can help resolve disputes that may arise from a section 26 notice, whether through negotiation, mediation, or court action if necessary.

• Court Representation: Section 26 notice solicitors can also represent clients in court if there is opposition to the lease renewal or disagreements over the terms.

Why Choose Lawhive for Section 26 Notice Advice?

We're not like a traditional law firm. Here are the most common reasons people choose us to find legal help for section 26 notices:

• Specialist Expertise in Commercial Property Law: Our network of solicitors are experts in handling section 26 notices, from drafting and serving notices to resolving disputes and representing clients in court 

• Tailored Legal Advice: Our solicitors are committed to providing tailored advice to both landlords and tenants, ensuring your interests are protected throughout the lease renewal process

• Efficient and Affordable Solutions: We keep costs low and provide you with instant fixed-free pricing for whatever your legal concern might be.

Key Criteria for Serving a Section 26 Notice

There are certain legal criteria that tenants must fulfil to be eligible to serve a section 26 notice to their landlord. These include:

• The tenant’s lease must have security of tenure.

• The tenant must have occupied the premises, using them for business purposes for a continuous period.

• The property must be legally defined as a business premises.

• The landlord cannot have already served a section 25 notice and the tenant cannot have served a section 27 notice.

• The tenant must not have already agreed to surrender the lease.

Timeline and deadlines

The timeline for serving a section 26 notice gives tenants a six-month window to complete the form and send it to their landlord. Tenants can serve the form no earlier than 12 months and no later than 6 months before the desired start date of the new lease.

What Is a Security of Tenure?

Security of tenure relates to a protection under the Landlord and Tenant Act 1954. This legislation gives a tenant the legal right to renew their lease and remain in their commercial premises when their lease term ends. The benefit of this for commercial tenants is pretty clear. It protects them from the hassle and expense of having to hunt for new premises at the end of their lease, which can be a time, resources and financial drain.

Plus, security of tenure is particularly valuable to businesses that have spent money on modifying their property, for instance, those in the restaurant sector, who don’t want to move premises and potentially spend more money modifying a space to their needs.

Other Tenant Rights Under a Section 26 Notice

Section 26 gives tenants control over lease terms. This means a tenant can propose new terms to negotiate the conditions of their commercial lease agreement. Tenants can suggest new terms for rent, lease duration, early termination and other conditions they’d like to change. Suggesting a break clause, a clause which allows a commercial lease to be ended early, can be a good strategic move for businesses that are looking to upgrade their premises at some point in the near future but not immediately. 

Protection from Landlord Refusal

Tenants have legal protection from landlord refusal. Under the Landlord and Tenant Act 1954, landlords can only refuse a section 26 notice when they don’t have a valid reason to oppose the renewal. If a landlord opposes a tenant’s section 26 notice, tenants have the option to dispute the ground for refusal in court.

Tenants can also apply to the court for a new tenancy if the landlord fails to serve a counternotice to a section 26 within the two-month notice period. Tenants may be granted a tenancy in the terms proposed in a section 26 notice in these circumstances.

Grounds for Opposing a Section 26 Notice

Landlords have statutory grounds for refusal under section 30 of the Landlord and Tenant Act 1954, including:

• The tenant’s persistent failure to pay rent or comply with lease terms.

• The landlord’s intention to redevelop or occupy the property themselves.

• The property’s condition making it unsuitable for continued tenancy.

• The landlord can offer the tenant suitable alternative accommodation.

Landlords can challenge section 26 notices in court if they oppose the renewal. To do so, they need to serve a written counter notice to the tenant within two months of receiving the section 26. The counter notice needs to include the grounds that the landlord is opposing the tenant’s section 25 notice. 

When a landlord proposes new terms, a tenant can respond by accepting the lease renewal terms, or rejecting them and beginning negotiation.

If a landlord opposes the section 26 notice, a tenant can make a court application within four months of receiving the landlord’s counter notice. In these cases, the court will decide whether the tenancy renewal should be allowed and determine the lease terms. A new lease, when granted, will begin three to four months from when the court made its decision. 

How Much Does a Section 26 Solicitor Cost?

Legal fees for tenants include costs for drafting and serving a Section 26 notice, negotiating terms or representing tenants in disputes. For landlords, legal fees include the potential costs of using a solicitor’s guidance for responding to a section 26 notice, including negotiating new lease terms or challenging the renewal request in court.

The cost for a licensed solicitor to help with a section 26 notice is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £100-£180 but in some cases, it could cost as much as £300.

Common S.26 Questions

How Is a Section 26 Notice Different From a Section 25? 

Section 25 notices are used by landlords to initiate the renewal or termination of a commercial lease. Whereas, section 26 notices are used by tenants to request the renewal of their tenancy. 

What Should Be Included in an S.26 Notice?

A section 26 notice to renew a commercial lease needs to include the following to be valid:

• Lease Term: The proposed length for the new lease.

• Rent: The amount of rent the tenant will pay.

• Break Clause: If the tenant wants to include a break clause in the new lease.

• Notice Period: The tenant needs to give the landlord notice between 6 and 12 months before the proposed date of the new lease

Legal Help with Section 26 Notices

Our landlord and tenant solicitors can help landlords and tenants navigate section 26 notices by providing expert legal advice and representation. Our lawyers can help tenants prepare a valid notice, handle lease renewal negotiations to secure beneficial terms and represent tenants in court. 

We can help landlords prepare and correctly serve a counter notice to section 26 and support you in lease renewal negotiations, disputes and court battles. Whether you’re a landlord or tenant looking to navigate section 26, get in touch with our expert solicitors to seek expert legal advice from Lawhive.