Section 26 Notice: Responding as a Landlord
Written by Scott Jones, founder of CommercialPropertyKiln · Last updated
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A Section 26 notice is the tenant's request for a new tenancy under the 1954 Act. As a landlord you need to know how to respond and how to protect your position.
What the tenant is doing
By serving a Section 26 notice the tenant requests a new tenancy, proposing a start date and terms. The requested date must be between 6 and 12 months ahead and no earlier than the contractual expiry.
Your response
If you want to oppose the new tenancy, you must serve a counter-notice within two months of the tenant's request, stating the statutory ground or grounds you rely on. If you do not serve a counter-notice in time, you lose the right to oppose renewal. See grounds to oppose renewal.
If you are content to renew
If you are happy to grant a new lease, the negotiation is about rent and terms rather than whether a new tenancy is granted at all. An interim rent may apply while matters are settled.
Act quickly
The two-month window is short and absolute. As soon as a Section 26 notice arrives, take advice so a counter-notice can be served in time if you want to oppose. See the 1954 Act renewal guide.
How long do I have to respond to a Section 26 notice?
If you want to oppose the new tenancy, you must serve a counter-notice within two months of the tenant's request, stating your grounds.
What if I miss the counter-notice deadline?
You lose the right to oppose renewal, so take advice as soon as a Section 26 notice arrives.