Q&As

If an application for a new lease under the Landlord and Tenant Act 1954 is sent to the court before the expiry of the section 25 notice but not issued before the expiry, is the claim still valid?

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Produced in partnership with Kate Andrews of Hamlins
Published on: 02 May 2025
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In accordance with section 29A of the Landlord and Tenant Act 1954 (LTA 1954), following service of an unopposed section 25 notice by the landlord of a commercial lease, either party has until the expiry of the statutory period to make an application to the court to determine the terms of a renewal lease. The end of the statutory period is the date of termination as specified in paragraph 2 of the section 25 notice (or the day before the date for commencement of the new tenancy specified in a Section 26 request). This deadline is of particular importance to the tenant, as a tenant which fails to make an application to the court prior to the expiry of the statutory period loses its right to a renewal lease under LTA 1954 and will be a trespasser.

The difficulty

Kate Andrews
Kate Andrews

Hamlins

Kate is a partner in the Property Litigation department at Hamlins LLP and advises on a wide variety of contentious property-related matters. Her main area of practice is contractual and development disputes, including specific performance claims, injunctions, rights to light, insolvency issues, Party Wall Act disputes and the redevelopment of business premises. She also deals with dilapidations, service charges, applications for consent, rent reviews and other landlord and tenant issues. Kate trained with Nabarro, qualifying in 2003. She joined Hamlins as a partner in 2014.

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United Kingdom

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