Free Commercial Eviction and Renewal Notices

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Commercial Eviction and Renewal Notices

Create your Commercial Eviction and Renewal Notices


Create your Commercial Eviction and Renewal Notices

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Your Commercial Eviction and Renewal Notices

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Notice to Quit Page of
Notice to Quit
Page of

The Landlord and Tenant Act 1954, Part 2 (Notices)
Regulations 2004, Schedule 2,
form 1

LANDLORD'S NOTICE ENDING A BUSINESS TENANCY
WITH PROPOSALS FOR A NEW ONE

Section 25 of the Landlord and Tenant Act 1954

IMPORTANT NOTE FOR THE LANDLORD: If you are willing to grant a new tenancy, complete this form and send it to the tenant. If you wish to oppose the grant of a new tenancy, use form 2 in Schedule 2 to the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 or, where the tenant may be entitled to acquire the freehold or an extended lease, form 7 in that Schedule, instead of this form.

To:

____________________ of
_________________________

From:

____________________ of
_________________________

  1. This notice relates to the following property: ________________________________.
  2. I am giving you notice under section 25 of the Landlord and Tenant Act 1954 to end your tenancy on 24 October 2021.
  3. I am not opposed to granting you a new tenancy. You will find my proposals for the new tenancy, which we can discuss, in the Schedule to this notice.
  4. If we cannot agree on all the terms of a new tenancy, either you or I may ask the court to order the grant of a new tenancy and settle the terms on which we cannot agree.
  5. If you wish to ask the court for a new tenancy you must do so by the date in paragraph 2, unless we agree in writing to a later date and do so before the date in paragraph 2.      
  6. Please send all correspondence about this notice to:

    Name: ____________________

    Address: _________________________

    Signed:  ____________________            

    Date:  ______________________

    LANDLORD

SCHEDULE

           LANDLORD'S PROPOSALS FOR A NEW TENANCY

  1. The new tenancy would begin on 24 October 2021.
  2. ___________________________________________________________
    ___________________________________________________________
    ___________________________________________________________
    ___________________________________________________________


IMPORTANT NOTE FOR THE TENANT

This Notice is intended to bring your tenancy to an end. If you want to continue to occupy your property after the date specified in paragraph 2 you must act quickly. If you are in any doubt about the action that you should take, get advice immediately from a solicitor or a surveyor.

The landlord is prepared to offer you a new tenancy and has set out proposed terms in the Schedule to this notice. You are not bound to accept these terms. They are merely suggestions as a basis for negotiation. In the event of disagreement, ultimately the court would settle the terms of the new tenancy.

It would be wise to seek professional advice before agreeing to accept the landlord's terms or putting forward your own proposals.

NOTES

The sections mentioned below are sections of the Landlord and Tenant Act 1954, as amended (most recently by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003).

Ending of tenancy and grant of new tenancy
This notice is intended to bring your tenancy to an end on the date given in paragraph 2. Section 25 contains rules about the date that the landlord can put in that paragraph.

However, your landlord is prepared to offer you a new tenancy and has set out proposals for it in the Schedule to this notice (section 25(8)). You are not obliged to accept these proposals and may put forward your own.

If you and your landlord are unable to agree terms either one of you may apply to the court. You may not apply to the court if your landlord has already done so (section 24(2A)). If you wish to apply to the court you must do so by the date given in paragraph 2 of this notice, unless you and your landlord have agreed in writing to extend the deadline (sections 29A and 29B).

The court will settle the rent and other terms of the new tenancy or those on which you and your landlord cannot agree (sections 34 and 35). If you apply to the court your tenancy will continue after the date shown in paragraph 2 of this notice while your application is being considered (section 24).

If you are in any doubt about what action you should take, get advice immediately from a solicitor or a surveyor.

Negotiating a new tenancy
Most tenancies are renewed by negotiation. You and your landlord may agree in writing to extend the deadline for making an application to the court while negotiations continue. Either you or your landlord can ask the court to fix the rent that you will have to pay while the tenancy continues (sections 24A to 24D).

You may only stay in the property after the date in paragraph 2 (or if we have agreed in writing to a later date, that date), if by then you or the landlord has asked the court to order the grant of a new tenancy.

If you do try to agree to a new tenancy with your landlord remember:

  • that your present tenancy will not continue after the date in paragraph 2 of this notice without the agreement in writing mentioned above, unless you have applied to the court or your landlord has done so, and
  • that you will lose your right to apply to the court once the deadline in paragraph 2 of this notice has passed, unless there is a written agreement extending the deadline.

Validity of this notice
The landlord who has given you this notice may not be the landlord to whom you pay your rent (sections 44 and 67). This does not necessarily mean that the notice is invalid.

If you have any doubts about whether this notice is valid, get advice immediately from a solicitor or a surveyor.

Further information
An explanation of the main points to consider when renewing or ending a business tenancy, "Renewing and Ending Business Leases: a Guide for Tenants and Landlords", can be found at www.odpm.gov.uk. Printed copies of the explanation, but not of this form, are available from Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (0870 1226 236).

What are Commercial Eviction and Renewal Notices?

Commercial Eviction and Renewal Notices are forms a landlord or tenant uses to inform the other party that they intend to end or renew a commercial tenancy.

The lease notice that best suits your needs will depend on which country in the United Kingdom you reside in and whether you’re the landlord or tenant. For example, in England and Wales, the landlord needs to serve the tenant with a Section 25 form, while the tenant serves the landlord with a Section 26 form.

LawDepot’s Residential Eviction Notices template will better suit your needs if you’re dealing with a residential rental property.

Who are the parties in Commercial Eviction and Renewal Notices?

There are two parties involved in Commercial Eviction and Renewal Notices:

  • Landlord: The landlord is the person who owns or manages the commercial property. The landlord has a Commercial Lease Agreement with the tenant.
  • Tenant: The tenant is the person or business renting the commercial property from the landlord.

How much notice do I need to give to renew or end a lease?

If you’re in England, Northern Ireland, or Wales, you must serve your Commercial Eviction and Renewal Notices to the other party between six and twelve months before the specified expiry date in the lease.

In Scotland, the required notice period for renewal is normally 40 days, unless otherwise provided in the lease. However, in the case of a tenant not paying their rent on time, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 states that the landlord must give the tenant at least 14 days to pay or leave the commercial property. If the breach is for a reason other than not paying rent, the landlord must provide the tenant with a reasonable period within which to remedy the breach.

What if neither party serves Commercial Eviction and Renewal Notices?

The Landlord and Tenant Act 1954 states that if the landlord or tenant of a commercial property doesn’t serve the other party with a notice, the tenancy continues until it is brought to an end by:

  • A Section 25, 26, or 27 notice
  • A court order
  • Granting a new tenancy
  • Forfeiture or surrender

In Scotland, if a notice to evict is not provided, the lease will automatically renew on the same terms until the landlord or tenant provide proper notice.

How do I create Commercial Eviction and Renewal Notices in the United Kingdom?

You can create Commercial Eviction and Renewal Notices by completing LawDepot’s questionnaire. Using our template will help you complete the following necessary steps.

1. State your location

Countries within the United Kingdom have different commercial eviction and lease renewal laws. Select the country you’re residing in, and we’ll tailor your Commercial Eviction and Renewal Notices to meet your country’s laws and regulations.

LawDepot has Commercial Eviction and Renewal Notices templates for:

  • England
  • Northern Ireland
  • Scotland
  • Wales

2. Choose a type of notice

The type of notice you require will depend on where in the United Kingdom you are residing and what you want to accomplish.

England and Wales

Choose between a Section 25 and Section 26 form if you’re in England or Wales.

Section 25: A Section 25 form is a commercial lease notice a landlord gives to a tenant. The notice’s purpose is to inform the tenant that the landlord wishes to evict them or renew the tenancy.

If the landlord wants to renew the tenancy, the lease notice can outline new terms for the lease.

If the landlord wants to evict the tenant, they need to state the reasons for the eviction in the lease notice. The reasons must be one or more of the grounds set out in section 30 of the Landlord and Tenant Act 1954. The tenant has two options in this situation: They can accept the landlord’s wish and take no further action, or they can make a court application to renew the tenancy.

Section 26: A Section 26 form is a commercial lease notice a tenant gives to a landlord. The notice informs a landlord of the tenant’s desire to renew the tenancy and outlines the terms of a new lease agreement.

The landlord has two months from the day they receive the lease notice to respond with a counter-notice. If the landlord prefers to end the commercial tenancy, their reasons must follow the rules of section 30 of the Landlord and Tenant Act 1954. If the parties can’t come to an agreement, either party can apply to the court to either end or renew the tenancy.

Northern Ireland

If you live in Northern Ireland, choose between an eviction notice sent by the landlord or a request to renew the tenancy sent by the tenant.

A landlord uses the eviction notice to either:

  • End the tenancy with a proposal to start a new tenancy
  • End the tenancy with reasons for refusing a new tenancy

The tenant uses the lease notice to inform the landlord they wish to continue the tenancy and propose terms for the new lease.

Scotland

In Scotland, the landlord must state the reason for delivering an eviction notice to the tenant. The Landlord can pursue an eviction if:

  • The tenant failed to pay the rent
  • The tenant breached the tenancy agreement
  • The tenancy agreement has ended

If a tenant hasn’t paid rent, the landlord must give them at least 14 days to pay the rent before eviction. However, if the tenant pays rent but breaches the lease in another way, a landlord must provide a reasonable period of time to remedy the breach before evicting the tenant.

The tenant can apply to the sheriff to renew the tenancy within 21 days of receiving the eviction notice under the Tenancy of Shops (Scotland) Act 1949.

3. Provide the landlord’s and tenant’s details

Provide the landlord’s and tenant’s names and addresses in your Commercial Eviction and Renewal Notices. If either party prefers to have the notices sent to a location differing from their contact information, specify the secondary address as well.

4. Outline premises’ details

State the address of the premises and the date the tenancy expires. Include the street, city, country, and postal code.

5. Outline provisions/terms for new tenancy (if renewing lease)

If you’re informing the other party that you wish to continue the tenancy, describe any new provisions in your lease notice. Also, include the date the new tenancy will begin.

If you’re in Northern Ireland, include additional details, such as:

  • Price of rent
  • Payment period (weekly, monthly, every three months, annually)t
  • End date of the new tenancyt
  • Additional clausest

If you’d like to provide a more detailed outline of your new provisions for the tenancy, consider creating a new Commercial Lease Agreement.

6. Explain the grounds for termination (if ending lease)

Specify the reasons for terminating the tenancy that apply to your situation. You can choose as many as necessary:

  • Ground A: The tenant has not complied with repair and maintenance obligations.
  • Ground B: The tenant has persistently failed to pay rent on time.
  • Ground C: The tenant has made other substantial breaches under the tenancy or for any other reason related to the tenant's use or management of the property.
  • Ground D: The landlord has offered and is willing to provide reasonable alternative accommodations for the tenant.
  • Ground E: The current tenant is subletting part of a property, and the superior landlord requires possession of the whole property.
  • Ground F: The landlord needs possession of the property to start construction.
  • Ground G: The landlord wishes to conduct its own business on the property or use the property as a personal residence.
  • Ground H (only applicable in Northern Ireland): The landlord is a company, and the owner of that company intends to use the property for the company's business, a personal business, or a personal residence.
  • Ground I (only applicable in Northern Ireland): A public authority has an interest in the property and requires possession of the property.

7. State signing details

State whether the landlord, tenant, or another representative will sign the Commercial Eviction and Renewal Notice and provide the signing date.

Related Documents:

  • Commercial Lease Agreement: Create a commercial tenancy between a landlord and tenant, and outline the rights and responsibilities of each party.
  • Commercial Sublease Agreement: Transfer a tenant’s letting obligations to a third party for the remainder of the lease term.
  • Eviction Notices (Residential): Landlords of residential properties use this form to evict tenants.
  • Residential Sublet Agreement: Transfer a tenant’s property rights to a third party, known as a subtenant, for the remainder of the residential lease term.
  • Tenancy Agreement: Create a residential tenancy between a landlord and tenant, and outline the rights and responsibilities of each party.
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