What is a Section 26 Notice of the Landlord & Tenant Act 1954?
The Landlord & Tenant Act 1954 (the Act) protects the interests of tenants by giving them the statutory right to stay in their property for a period of time, even if their tenancy has come to an end. If a tenant wishes to leave before the end of their agreed term, they must first give the landlord notice, in accordance with the provisions of the Act. This blog post will explain what a Section 26 Notice is and when it should be used.
A Section 26 notice is a notice that must be served by a landlord on their tenant if they wish to regain possession of their property once the tenant’s fixed-term tenancy has come to an end. The notice must be in writing and must be served on the tenant at least two months before the landlord wants to regain possession of the property.
There are two circumstances in which a landlord can serve a Section 26 notice on their tenant:
1. If the tenancy agreement contains a break clause that allows either party to give notice to terminate the tenancy early; or
2. If the landlord wants to sell the property or carry out major works that require possession of the property.
If you are a tenant and have received a Section 26 notice from your landlord, it is important that you seek legal advice as soon as possible, as you may have grounds to challenge the notice. For example, if you believe that your landlord has not given you enough notice or if they are selling the property without your knowledge, you may be able to contest the notice.
Conclusion:
A Section 26 notice is a notice that must be served by a landlord on their tenant if they wish to gain possession of their property at the end of a fixed-term tenancy agreement. The notice must be in writing and served at least two months before possession is required.
There are two circumstances in which a landlord can serve a Section 26 notice: if there is a break clause in the tenancy agreement, or if the landlord intends to sell the property or carry out major works that require vacant possession. If you are a tenant and have received such a notice from your landlord, you should seek legal advice as soon as possible, as you may have grounds to challenge it.