Friendly or hostile?
A friendly notice states the landlord will not oppose a new tenancy and sets out proposed rent and terms. A hostile notice states the landlord opposes renewal and must specify which Section 30 grounds are relied on. The two demand completely different responses — one is a negotiation, the other is a defence.
Deadlines that bite
You no longer need to serve a counter-notice, but you must issue court proceedings before the termination date stated in the notice, unless an extension is agreed in writing. Miss it and you lose your renewal rights entirely, whatever the merits of your case. Agreed extensions are common and should be documented every time.
Check the notice is valid
Wrong form, wrong tenant name, service on the wrong address, a date that pre-dates the contractual expiry, or a hostile notice that fails to specify grounds — invalid notices are more common than landlords like to admit, and a defective notice buys time and leverage.
Common questions
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Chris McGarrigle MRICS, chartered since 1989, acting for occupiers across England, Scotland, Northern Ireland and Ireland.
chris@mcgarrigle.comRelated guides
- Section 26 NoticeA Section 26 request lets the tenant start the 1954 Act renewal and choose the timing. When serving first helps, when it backfires, and the rules.
- Landlord and Tenant Act 1954 Lease RenewalPart II of the Landlord and Tenant Act 1954 explained for business tenants: security of tenure, Sections 25, 26 and 30, interim rent and compensation.
- Commercial Lease ExpiryWhat to do before a commercial lease expires: renewal rights, break notices, dilapidations exposure, reinstatement and exit planning.
- Interim RentInterim rent under Sections 24A to 24D of the 1954 Act: who can apply, when it starts, how it is valued and when it differs from the new lease rent.
