Landlord or Tenant Commercial Lease Renewals

Do you need a Lawyer or Solicitor in Thanet (Kent) to help you with a section 25 or section 26 Commercial Property Lease renewal?

When considering a commercial property lease renewal, you will first need to know which type of lease you have. Robinson Allfree solicitors can determine this for you by looking to see if you have a lease ‘with’, or ‘without’ “security of tenure”. This defines how the lease renewal can be legal progressed from there.

“Security of tenure” is a right to automatically renew the lease at the end of the term of the old lease (under the Landlord & Tenant Act 1954).  The Landlord & Tenant Act 1954 provides that the old lease will automatically have security of tenure unless the old lease has explicitly been excluded from the protection of the 1954 Act. This means that the tenant can, in most cases, force the landlord to give them a new lease at the end of the term of the old lease.

If you do not have security of tenure, your old lease will end on the term end date specified in the lease and you will have to vacate the property on that day! If you are the landlord, you may be prepared to offer your tenant a new lease, but you are not obliged to do so.

Commercial leases with security of tenure have an automatic right to a lease renewal at the end of the term of the old lease. The landlord can only refuse a new lease if one of the limited grounds under the 1954 Act apply. These include, for example, persistent non-payment of rent.

The landlord or the tenant can initiate the lease renewal process. If neither party starts the lease renewal process, the old lease will continue under the same terms for as long as no one serves notice upon the other. This is referred to as “holding over” period.

If the landlord initiates the renewal, a “section 25 notice” is served on the tenant. The section 25 notice will either state the landlord’s proposed terms of the lease renewal or state a reason why they do not want to grant a new lease. If the parties cannot agree on the new lease terms, either party may ask the court to decide the form of the new lease.

If you are a tenant wishing to initiate a renewal lease, you are entitled to serve a “section 26” notice on your landlord. Again, if the parties cannot agree on the new lease terms, either party may apply to court to decide the terms.

If you feel overwhelmed by the various legal issues involved with your commercial property lease renewal you should contact us today for more information about how we can help you.

Who we are

Robinson Allfree Solicitors is a law firm with 2 offices in Thanet (Kent) that can deal with any type of commercial property lease renewal. We understand the urgency of dealing with your lease renewal. That’s why our team is especially trained to handle all types of lease renewal work in a collaborative and business minded way.

Every colleague within our firm is essential to the firm’s success and significantly influences how things turn out for our clients. We foster creativity and cultivate a welcoming environment for the people who work for us. We believe that this approach better represents our clients as it creates a happy work environment for those that practice law at Robinson Allfree.

Do you need a fantastic Solicitor or Lawyer based in Thanet (Kent)?

No matter what your commercial property lease renewal requirements are, Robinson Allfree solicitors can provide you with the right advice, and fix your lease renewal issues.

If you would like to consider our range of commercial property lease renewal legal services, why not get in contact with us today for a friendly free initial chat? 

Our solicitors and lawyers are a sought-after team of professionals that offer sensible direction and easy to follow solutions for a range of legal services.

Robinson Allfree is a Solicitors legal practice primarily helping businesses and people throughout Thanet, Margate, Ramsgate, Broadstairs, Birchington, Deal, Dover, Sandwich, Herne Bay, Whitstable and Canterbury, and all other areas in Kent, and the Southeast of England with their legal needs.

Get in touch today to see how our team can help you.