Renewal meaning

To bring a business tenancy to an end on the contractual expiry date or at any point thereafter, a tenant may rely on a notice given under section 27 of the Landlord and Tenant Act 1954 (LTA 1954). This Checklist sets out the circumstances and procedure for serving such a notice. For wider guidance on ending LTA 1954 tenancies, refer to Practice Note: LTA 1954 business lease renewal—termination. It outlines timing and the method of service in clear terms. Is the tenancy for a fixed term? A section 27 notice is available only where the tenancy is for a fixed term. It is not available for periodic tenancies. Nevertheless, a tenant may end a periodic tenancy by giving a common law notice to quit (see Practice Note: LTA 1954 business lease renewal—termination under the heading Termination of LTA 1954 tenancies). Have any other notices been served? Once a tenant has served a section 26 request, they cannot then serve a section 27 notice...

The Financial Conduct Authority’s (FCA) Consumer Duty The Financial Conduct Authority’s (FCA) Consumer Duty sets a high bar for the care firms must deliver to retail customers. It has applied to new and existing products and services open to sale or renewal from July 2023, and to closed-book products and services from July 2024. The FCA continues to release materials to support firms with implementing and embedding the Consumer Duty. This timeline summarises publications and developments connected to the Duty. The Duty comprises high-level, outcomes-focused requirements that apply to firms operating in retail markets for regulated financial services and products. It covers all firms involved in the creation, provision, operation, marketing, or distribution of products and services offered to retail customers—whether or not a direct customer relationship exists with the end user. For fuller information on the FCA’s Consumer Duty and its constituent parts, see Practice Note: The FCA Consumer Duty—essentials and checklists: The FCA Consumer Duty Checklist—implementation and The FCA Consumer Duty Checklist—information sharing in...

This Checklist highlights the matters a tenant should consider before issuing a section 26 request under the Landlord and Tenant Act 1954 (LTA 1954) to seek a new tenancy, whether during the fixed term or while the statutory continuation tenancy subsists. It addresses the tenant’s proposals, the intended start date of the new tenancy, and the identification of the competent landlord. For further guidance, see Practice Note: LTA 1954 business lease renewal—termination. What is the nature of the tenancy? A section 26 request is only valid in relation to the following: a tenancy for a term of years certain exceeding one year, whether or not carried on under LTA 1954, s 24; or a tenancy granted for a term of years certain, and then continuing from year to year Therefore, a section 26 request cannot be served if either of the following apply: the tenancy is a periodic tenancy, other than a yearly periodic tenancy that follows a...

Flowchart This Flowchart helps determine which stamp duty land tax (SDLT) provisions are relevant on a lease renewal where a tenant remains in occupation by ‘holding over’ after a fixed-term lease ends. It should be considered together with the fuller Practice Note: SDLT—holding over. The SDLT provisions governing situations where a tenant holds over a lease, and that lease is subsequently renewed, are intricate and often complex...

In Scotland, minor offences proceed by way of a summary complaint...

Under the Landlord and Tenant Act 1954 (LTA 1954), a business lease carries on automatically after the end of the contractual term if the tenant remains in occupation for business purposes. Either party can bring those statutory rights to an end by serving one of the prescribed termination notices. This flowchart explains the steps for an unopposed business lease renewal under the LTA 1954. For the procedure where renewal is opposed, see: LTA 1954 opposed lease renewal procedure—flowchart. For further detail on LTA 1954 security of tenure and the court process, consult Practice Notes: LTA 1954 business lease renewal—proceedings and LTA 1954 business lease renewal—termination. Note 1 Diarise a date at least 12–18 months before the contractual expiry of the existing lease. See Practice Note: LTA 1954 business lease renewal—termination. Note 2 Information must be supplied within one month of service of the notice. A party is obliged to correct any information provided for six months after receiving the notice. This applies to both parties equally...

Oswin v Otila; and Ondray Claim No ARB 032/2025 What was the background? This matter arose from a falling-out between Oswin (the Claimant) and Ondray (the Second Defendant) over how to run their joint venture company, Otila (the First Defendant). Oswin owned 49% of the First Defendant’s shares and Ondray 51%. The board could act only by unanimous vote, while shareholder resolutions required a 75% super-majority. When they were unable to agree on management and operations, the company became deadlocked. Their relationship was governed by a Joint Venture Agreement (JVA) dated 12 March 2019, which included an arbitration clause calling for DIFC-seated proceedings under the DIFC-LCIA Rules. The Claimant also operated a medical and hazardous waste facility under an Operations and Management Agreement due to expire on 21 August 2025. On 15 August 2025, the Claimant issued a Dispute Notice under clause 21.2 of the JVA, alleging that the Second Defendant was assuming strategic decision-making without proper authority—covering directions on renewal of the O&M Agreement, instruction of external...

The survey gathered input from 14 of the 28 insurers listed by the Solicitors Regulation Authority (SRA) for the 2024 indemnity year. Conducted anonymously via Qualtrics and in partnership with the International Underwriting Association, it found that 38% of respondents foresaw potential difficulties at renewal, although the exact tally was not provided. Browne Jacobson reported that solicitors began considering leaving the PII market after the Court of Appeal’s January 2024 decision in Discovery Land Co LLC and others v Axis Specialty Europe SE. The firm noted that the ruling heightened worries about tightly drawn aggregation of claims under the SRA’s minimum terms and conditions, which influence the limit of indemnity. Ed Anderson, a partner at Browne Jacobson who deals with PII, ...

In this issue: Brexit highlights Post-Brexit transition guidelines Brexit SIs Constitutional and administrative law Subsidy control and State Aid Judicial review Equality and human rights Other Public law news Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Brexit highlights EAC sets out recommendations on future of UK-EU data adequacy The House of Lords European Affairs Committee (EAC) has issued a letter to the Secretary of State for Science, Innovation and Technology, Peter Kyle, summarising the principal conclusions and recommendations from its inquiry into UK‑EU data adequacy. It found that the loss of EU data adequacy in June 2025 would bring substantial costs and added administrative burdens for businesses and organisations, create obstacles to international trade and economic co‑operation, and detrimentally affect Northern Ireland under the Belfast/Good Friday Agreement and the Windsor Framework Agreement. The EAC therefore advises that the government engage with...

What is a CVA? A company voluntary arrangement (CVA) is a form of insolvency that permits a company to enter a binding agreement with its creditors to compromise unsecured debts or otherwise agree how its affairs are handled. The directors continue to run the business, under the oversight of an insolvency practitioner. Retailers, particularly those with extensive property portfolios, frequently adopt so‑called ‘landlord CVAs’ to reset rental commitments and shut loss‑making stores. This note outlines how property law and landlord and tenant considerations may emerge under such a CVA. It highlights provisions commonly included in CVAs and explains how they tend to work in practice. Nevertheless, each CVA will vary according to the precise terms proposed. It is therefore vital to examine the CVA proposal carefully to assess its effect on creditors. This note does not provide detailed guidance on the mechanics of approving and implementing a CVA. For Practice Notes addressing the CVA procedure, see: Company voluntary arrangements—an introductory guide The CVA proposal and...

This Practice Note sets out the practical measures a tenant should take to renew its business tenancy under the Landlord and Tenant Act 1954 (LTA 1954) where the landlord does not object. It outlines how to serve a section 26 request for a new lease or respond to a landlord’s section 25 notice, the time limit for starting proceedings, agreeing extensions to that statutory limit, the required form and content of the claim, the correct court for issue, how to answer the claim, and the subsequent stages of the lease renewal process. Check LTA 1954 applies Before acting, confirm that LTA 1954 applies per s 23, namely: there is a periodic or fixed-term tenancy; the LTA 1954 does not cover, for example, a licence or a tenancy at will the tenant occupies at least part of the premises that occupation is wholly or partly for business purposes and the letting is not within a class excluded from LTA 1954 protection ...

Practice Note overview This Practice Note sets out the key concepts and common hazards involved in the reinstatement of tenants’ alterations. The topic is often contentious: landlords may inherit premises in an unlettable condition, and tenants can be required to carry out reinstatement works—potentially lasting months—right at the eleventh hour... Scope exclusions Reinstatement following damage by an insured (or uninsured) risk—see instead Practice Notes: Negotiation guide—insurance clauses—commercial leases and Insurance issues for tenants Dilapidations in relation to disrepair—see instead: Dilapidations—overview No reinstatement obligation Where there is no obligation to reinstate the demised premises, any lawful alteration becomes part of the premises and the tenant cannot be compelled to reverse it. The tenant must yield up the premises with those alterations, although it may remove any tenant’s fixtures up to the very last moment of the term—see Practice Note: Fixtures and fittings. In Peel Land and Property v TS Sheerness Steel, the Court of Appeal confirmed that, while a tenant is,...

1 Reserve Fund 1.1 Definitions In this clause, the following further definitions apply: Fund Account – an interest‑bearing [ trust ] account [ opened with [ name of bank ] ] held in the Landlord’s name; Reserve Fund – a fund that the Landlord may, though is not obliged to, set up and keep from time to time to receive and hold a Reserve Fund Contribution; Reserve Fund Contribution – the sum (if any) in each Service Charge Period that the Landlord [ (acting reasonably) ] determines to be a fair annual payment by the Tenant towards the advance funding of [ providing the Services OR regularly‑recurring major items of [ the Service Costs OR service charge expenditure ] ] [ (including, but not limited to, repair, decoration, maintenance and renewal) ], and including any VAT payable where the Landlord cannot obtain a credit for that VAT from HM Revenue & Customs...

To: [ All staff ] CC: [ Insert name(s) as required ] From: [ Management team/Risk partner/Other ] Date: [ Insert date ] Re: [ Professional indemnity insurance renewal—staff declaration ] During the renewal of our professional indemnity cover, we must seek information from all personnel (partners, principals, members, directors, assistants, consultants or employees) regarding any existing or possible claims relating to the firm. We will then report any matters uncovered through these enquiries, or confirm that none have been found as part of it...

Notice to complete Under: Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993, SI 1993/2407, Schedule 2 Paragraph 8 , and Leasehold Reform, Housing and Urban Development Act 1993 Flat: [ insert address and description of the property ] (the Flat) To: [ insert full name of the recipient (landlord or tenant) ] of [ insert address ] ([ Landlord OR Tenant ]) Given by: [ insert full name of person giving the notice (landlord or tenant) ] of [ insert address ] ([ Landlord OR Tenant ]) This notice follows a section 42 notice of claim in relation to the Flat dated [ insert date in its full format DD-Month-Year ] and a section 45 counter-notice dated [ insert date in its full format DD-Month-Year ] under that Act: The draft lease is [ approved OR deemed to have been approved ]; and You must complete and accept the grant of the lease of the Flat in the approved form on...

It is not evident from this Q&A whether the initial term of the Assured Shorthold Tenancies (AST) has lapsed, or whether the fresh tenancy agreement amounts to a renewal or an extension. The Q&A indicates that a replacement tenancy has been issued, at an increased rent compared with the original AST, and for another fixed duration period...

Under Part II of the Landlord and Tenant Act 1954 (LTA 1954), security of tenure covers most business leases, save where the parties have ‘contracted out’ of those rights. Section 38A of the LTA 1954 permits landlord and tenant to agree that security of tenure will not apply. To make the agreement effective, the parties must comply with the contracting-out process specified in LTA 1954, s 38A(3) and Regulatory Reform (Business Tenancies) (England & Wales) Order 2003 (RRO 2003), SI 2003/3096, Sch 2...

Part II of the Landlord and Tenant Act 1954 (LTA 1954) Part II of the LTA 1954 confers security of tenure on business tenants unless its requirements have been contracted out. As a result, a commercial lease does not lapse by effluxion of time; instead it continues as a statutory tenancy until it is brought to an end in accordance with the LTA 1954, or when the court grants a new lease on the application of either the landlord or the tenant, or when the lease is terminated by surrender or by forfeiture under the scheme set out therein in full...