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It is a technical and tricky area to navigate as there are specific rules regarding the rights of each party, timings and processes including the types of notices to be served. Errors can be pivotal and mean that the tenant loses its right to security of tenure if the process is not undertaken properly. It is therefore important to seek expert advice and assistance with the procedures.
Our services include advice relating to and assistance with:
No – the tenant is at liberty to choose not to renew and should focus on exit matters including deciding whether to serve a ‘section 27 notice’ and considering dilapidations.
Yes – see below.
Has either party served a notice to formally kickstart the renewal (whether opposed or unopposed) with a “section 25” notice by a landlord or a “section 26” by a tenant.
If yes, has it been served within the correct timeframe, provided requisite notice and been served on the correct party?
If unopposed consider if the parties have agreed or are they likely to agree terms for the new lease or are there terms which are disputed. Consider strategic and legal factors to inform next steps and follow the correct legal procedures and Court protocol.
If opposed, consider the ground(s) on which the landlord is relying on to oppose renewal. Are they fault or non-fault grounds? Consider the strength of the landlord’s opposition together with strategic and legal factors to inform next steps and follow the correct legal procedures and Court protocol.
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Other factors to Consider
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What The Commercial Rent law means for tenants in arrears
This brief update has been prepared for tenants who find themselves in arrears as The Commercial Rent (Coronavirus) Bill (the “Bill”), currently making its way through Parliament, will change the current situation regarding pandemic arrears and the ban on certain landlord remedies.
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