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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.
