Section 25

[KMB]

Morning all,

I had a 10 year secure lease, but was given a section 25, this ended on the 31st March. I didn’t file a section 26 as I was stupid and didn’t really have a clue, I have now read into it. They have changed the locks but are allowing me access. I was also sent an invoice for rent for the 1st apr - 30th June , which I paid before the lease expired. Is there anything I can do? Can I apply to the court still?

Thankyou.

 

[Gyumri]

Hi - There is no longer as you know a requirement to serve a counter notice under section 26 (4) and you would normally be able to make an application to the court under 24(1)a for a new lease - but under 29A 2(a) the time limit has passed, being 31/3/24.
However you would need to consult a solicitor on this because perhaps you may be able to obtain some relief though ignorance of the law is no defence.

If the notice wasn't drafted or served correctly then that might provide another basis for obtain relief.

This is one of those cases where you definitely need to speak to your solicitor because obviously you knew that your lease was coming to an end.

You also need to look very closely at the terms of the break clause in your lease because a section 25 notice can only be served in accordance with the strict terms of that break clause.

 

[KMB]

I knew the lease was ending, but thought it was protected. The fact that I was sent an invoice for the rent and that I paid for the next period doesn’t contradict the section 25. Or the lease ending?

I was behind on my rent, as I had a rent increase from £6,000 - £13,500. Which took years to agree (due to covid) so I then had back pay rent too. I now have cleared my balance completely.

Thankyou.

 

[Gyumri]

The fact that I was sent an invoice for the rent and that I paid for the next period doesn’t contradict the section 25. Or the lease ending?

Well that certainly seems odd!
I assume that the invoice was sent by mistake by the landlords agent but then the money should at least be returned to you.
However before asking for the money back I think you should look up the legal point with your solicitor of the fact of the landlord continuing to take rent.

 

[KMB]

Thankyou - I am in the process of speaking to a solicitor.