Everything About Section 26 Notice - Landlord and Tenant Act

If you are a commercial tenant, that is if you are leasing property for your business, you may be aware of the Section 26 Notice Landlord and Tenant. Understanding how to prepare athe timetable restrictions on when it should be served and how it applies to commercial landlords and tenants can be confusing and time-consuming. With DoNotPay's Landlord Protection product, we help you wade through the red tape easily and quickly. We help tenants when they need to break a lease, contact their landlords with repair notices, or fight evictions. We created products that are simple to understand and easy to navigate. We always work for the best outcome in your case.

What is the Landlord and Tenant Act 1954?

was created to provide security of tenure to commercial tenants at the end of a lease. It applies to both written and oral agreements but does not apply to residential tenants. The LTA1954 applies to commercial properties in England and Wales, but not in Scotland. Within the LTA1954, is Section 26, which is the tenant's request for a new lease.

How to Prepare a Section 26 Notice, Landlord and Tenant Act 1954

Learn about Section 26

Section 26 of the Landlord and Tenant Act 1954 states how a tenant may request a new commercial tenancy.

Once received, the landlord has an opportunity to reply and agree to that request. There are exceptions to this act, the one seen most frequently is that the landlord and tenant have agreed beforehand to opt out of Sections 24-28.

Read and understand the terms and conditions

The Section 26 Notice will contain a tenant's request to enter into a new lease agreement and outline the terms they are proposing. Normally the tenant will include such things as dates to start and end, amount of rent payable, and any other terms specific to the property.

The Section 26 request must be in a form prescribed by the courts and must be presented between six and twelve months before the end of the current tenancy.

Wait for the response

Once a tenant has prepared a Section 26 Notice, the landlord must respond within 2 months, either agreeing to, presenting a counter-notice, or rejecting the notice.

If the landlord fails to respond or rejects the notice provisions, the tenant can begin court proceedings to allow a Judge to decide. Sometimes, the landlord and the tenant can negotiate the terms of the tenancy to avoid court proceedings.

How to Prepare a Section 26 on Your Own

Many business owners want the security of tenure in their current lease location because they can continue their business seamlessly. You can prepare a Section 26 on your own, as long as you follow the rules set forth by the court. You must use the proper forms that have been approved by the court to issue a Section 26. The notice must:

Be in writing.
Specify a termination date and propose terms for the new tenancy.
Must be served within six to 12 months of the termination date
Allow two months for the landlord to respond with an agreement, counter-notice, or refusal.
Contain new proposed rent amounts, dates of tenancy, and clauses that would allow either party to break the tenancy.

Keep in mind that all requirements must be by the law or the notice becomes invalid.

How to Use DoNotPay's Landlord Protection

If you are a tenant that needs to get help in dealing with your landlord, DoNotPay can help you in just our easy steps. We make it quick and easy and always work to offer the best outcome for you. DoNotPay is here to guide you through it and file your disputes on your behalf. Our Landlord Protection product can help you:

Get back your security deposits
Learn about your eviction laws and what protections apply in your case
Resolve disputes regarding repairs with your landlord
Resolve disputes with roommates by filing demand letters or going through small claims court
Break your lease early

This is all you need to do!

Search for and open the Landlord Protection product on DoNotPay.
Select which issue applies to you.
Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

And that's it! You should hear back from your landlord directly once your demands are sent.

How Does DoNotPay Help Tenants With Landlord Protection?

DoNotPay has a Landlord Protection product developed specifically to protect tenants from unfair, unlawful, or hazardous rental conditions. We offer simple and safe procedures that can get you started in protecting yourself from being taken advantage of by your landlord. Some of the things that DoNotPay can help with:

We can help you fight back when threatened with eviction.
DoNotPay can help get your security deposit back.
We can teach you about tenants' rights, such as the amount of notice you must get before you must move out.
We can show you how to get rid of a roommate legally.
DoNotPay lets you know your rights when your landlord wants to raise the rent.
We can also show you how to take your landlord to court.
Help you learn how to do a tenant notice to end the tenancy.
And learn how to make a notice letter to end your tenancy.