Landlord's response to a tenant's section 26 request (LTA 1954, s.26)
Pemberton Print Ltd holds a ten-year lease of a print works in Coventry, expiring on 31 March 2027. The lease is not contracted out, and Pemberton occupies the premises for its business. On 6 July 2026 Pemberton's solicitor gave the landlord, Ashgrove Holdings Ltd, a valid request for a new tenancy under s.26 of the Landlord and Tenant Act 1954, proposing a new tenancy beginning on 31 March 2027. Ashgrove has not served any notice under s.25. It wants to oppose renewal on the ground that it intends to occupy the premises for its own business (ground (g)).
What must Ashgrove do to preserve its right to oppose a new tenancy?
Choose one answer to see the reasoning.
Worked answer
Correct answer B: Within two months of the request, give Pemberton notice that it will oppose an application to the court for a new tenancy, stating ground (g).
THE RULE TO REMEMBER
A landlord who wishes to oppose renewal after a tenant's s.26 request must, within two months, serve a counter-notice stating its s.30 ground(s).
Landlord's response to a tenant's section 26 request (LTA 1954, s.26)
Section 26 allows a tenant with a term of years certain exceeding one year to request a new tenancy. Under s.26(2), the request must specify a start date not more than twelve nor less than six months after the request, and not earlier than the contractual expiry date. A start date of 31 March 2027 for a request made on 6 July 2026 satisfies both requirements. Section 26(6) provides that within two months of the making of the request the landlord may give notice that it will oppose an application to the court for a new tenancy, and the notice must state the s.30 ground or grounds relied on. Ashgrove must therefore serve a counter-notice specifying ground (g) by the two-month deadline. If it does not, it loses the right to oppose renewal and can dispute only the terms of the new lease.
Why A is wrong: Section 26(4) prevents the landlord serving a s.25 notice once the tenant has made a s.26 request.
Why C is wrong: Opposition must be raised by counter-notice within two months under s.26(6); grounds not stated cannot be relied on later.
Why D is wrong: A request may be made up to twelve months before the proposed start date; there is no last-six-months rule.
Why E is wrong: The time limit for the counter-notice is two months, not 14 days.
A little more practice done.
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