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23
May

How does a landlord or tenant protect themselves should they wish to renew their lease at the expiry date?

This can apply to the Landlord and the Tenant who requires the Lease to be extended or renewed in the future. Section 25 of the Landlord and Tenant Act (Part II) sets out the Notice procedures that the Landlord and Tenant must adhere to, in order to be fully protected should a new lease be required. The Landlord’s Notice must be in a prescribed form and served not more than twelve months nor less than six months before the termination date specified in the Notice. It must specify the date at which the tenancy is to come to an end and it must require the Tenants within two months after the date of the Notice to notify them in writing that he will be willing to give up possession or requires a renewal of the Lease at the date of termination. The Landlord can oppose an application for a new Lease on statutory grounds as set out in Section 30 of the Landlord and Tenant Act which may include that they require the property for their own purposes, for redevelopment purposes, that the Tenant is in breach of covenants and a number of other matters. It is paramount that the terms and conditions of the 1954 Act are adhered to, as time is of the essence.

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