Landlord's section 25 notice: timing, termination date and grounds of opposition (LTA 1954 s.25)
Harbourside Retail Parks Ltd is the landlord of a shop let to Owain Rees for a fixed term of ten years expiring on 30 June 2027. The lease is not contracted out, and Owain occupies the shop for his bakery business, so Part II of the Landlord and Tenant Act 1954 applies. Harbourside intends to demolish and rebuild the parade and does not want to grant Owain a new lease. On 2 December 2026 its solicitor plans to serve a notice under section 25 specifying 30 June 2027 as the date of termination.
Which of the following best describes the requirements for Harbourside's section 25 notice?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: It may be served on 2 December 2026, but must be in the prescribed form, state Harbourside's opposition and specify its statutory ground.
THE RULE TO REMEMBER
A s.25 notice must be in prescribed form, given 6 to 12 months before a termination date no earlier than contractual expiry, stating whether the landlord opposes a new tenancy and on which s.30(1) grounds.
Landlord's section 25 notice: timing, termination date and grounds of opposition (LTA 1954 s.25)
Under s.25(1) of the Landlord and Tenant Act 1954 a landlord terminates a protected business tenancy by a notice in the prescribed form specifying the date of termination. By s.25(2) the notice must be given not more than twelve nor less than six months before that date: a notice served on 2 December 2026 specifying 30 June 2027 is about seven months ahead, so it is within the window. For a fixed-term tenancy, s.25(4) provides that the date of termination cannot be earlier than the date on which the tenancy would end by effluxion of time, so 30 June 2027 is the earliest permissible date. Section 25(6) requires the notice to state whether the landlord opposes the grant of a new tenancy, and s.25(7) provides that a notice stating opposition has no effect unless it also specifies one or more of the s.30(1) grounds. Harbourside's intention to demolish and reconstruct points to ground (f), which must be specified in the notice.
Why A is wrong: s.25(2) allows service up to twelve months before the termination date; there is no rule confining service to the last six months.
Why B is wrong: s.25(4) bars a termination date earlier than the contractual expiry of a fixed term.
Why C is wrong: s.25(6) makes the notice ineffective unless it states whether the landlord opposes a new tenancy.
Why D is wrong: s.25(7) makes a notice stating opposition ineffective unless it specifies the s.30(1) ground or grounds.
That's today's practice done. Another featured question tomorrow.
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