A landlord’s section 25 notice: the 6–12 month window, hostile or not, and your court deadline

What is a section 25 notice?

A section 25 notice is the landlord’s formal notice ending a protected business tenancy. It must be given in the prescribed form and must specify the date on which the tenancy is to end, the date of termination (section 25(1)). The prescribed forms are in the Landlord and Tenant Act 1954 (Part 2) (Notices) Regulations 2004 (SI 2004/1005). Form 1 is the “Landlord’s notice ending a business tenancy with proposals for a new one” (the landlord does not oppose renewal). Form 2 is the “Landlord’s notice ending a business tenancy and reasons for refusing a new one” (the landlord opposes). The Regulations include other forms for special cases, so check that the notice you received uses the right one.

A notice that is not in the prescribed form (section 25(1)) may be invalid, so check the form first. Whether the notice is valid is a question of law, and you should not assume it is correct because it arrived.

How early can a landlord serve the notice?

The notice has effect only if it is given not more than twelve nor less than six months before the termination date (section 25(2)). So the window is six to twelve months, measured back from the date the notice names.

Where the landlord could have ended the tenancy by a notice to quit, the date must also be no earlier than the earliest date a notice to quit given on the day of the section 25 notice would have ended it (section 25(3)(a)). If a notice to quit would need more than six months’ notice, the twelve-month ceiling is extended to six months longer than the notice to quit period (section 25(3)(b)). For a fixed-term tenancy, it must not be earlier than the date the tenancy would end by the passing of time (section 25(4)). Check the lease for these periods, because they can make the earliest date later than six months.

What is the difference between a hostile and a non-hostile notice?

The notice must say whether the landlord opposes a new tenancy (section 25(6)). The notice is either:

• Hostile: the landlord opposes a new tenancy. It must name one or more of the grounds in section 30(1)(section 25(7)). See our guide on the Act’s grounds of opposition.
• Non-hostile: the landlord does not oppose a new tenancy. It must set out its proposals for the property to be let, the rent, and the other terms of the new tenancy (section 25(8)).

A hostile notice means the court will decide whether the landlord has made out its ground. The landlord can itself apply to the court under section 29(2) for an order ending the tenancy without a new one, so a tenant who does nothing is not safe. The same statutory period limits that application (section 29A(1)). If the landlord relies only on grounds (e), (f) or (g), you may also be entitled to compensation under section 37. A non-hostile notice means you can negotiate the new terms, but the proposals in it still matter.

What court deadline applies to the tenant?

This is the part that most often goes wrong. Under section 29A(1), the court cannot entertain an application for a new tenancy under section 24(1), by either the tenant or the landlord, if it is made after the statutory period. For asection 25 notice, that period ends on the date of termination specified in the notice (section 29A(2)(a)).

So if you want a new tenancy, your application must be made no later than the date given in the notice. Apply well before it. Missing the date loses the right to apply. Section 29B allows you and the landlord to agree a later date for applying, but only by agreement, and only before the existing period has ended. Do not rely on an agreement that has not been signed off in time.

What should you do when you receive a section 25 notice?

Work through these steps on the day it arrives, and take advice early:

• Check the form and the date of termination, and calculate the six- and twelve-month window (section 25(2)).
• Check whether the notice is hostile or non-hostile, and which section 30(1) grounds, if any, it relies on.
• Diarise the court deadline, which is no later than the date of termination in the notice (apply well before it) unless it is extended by agreement.
• Decide whether you want a new lease. If you do, instruct a solicitor to protect the application date, and consider whether to negotiate the terms or an agreed extension under section 29B.
• If the landlord relies on grounds (e), (f) or (g), check whether you are entitled to compensation under section 37.

What are the key dates in a section 25 notice?

The notice must be given between six and twelve months before the date of termination it names (section 25(2)), and a tenant’s court application must be made by that date (section 29A(1) and (2)(a)). The dates below are an example of how those rules apply.

Worked example (illustrative dates, not from a real notice). The lease ends on 30 September 2028. The landlord serves a notice on 1 February 2028 naming 30 September 2028 as the date of termination. Assume the lease allows the notice on those dates.

Treat the date in the notice as the final day, and apply well before it. Ask a solicitor to confirm the dates for your notice rather than working them out from this example.

A notice sets a deadline, not a suggestion. Once you have it, get advice on your own lease and the notice itself. An independent solicitor you instruct can check the notice, the grounds and your deadlines before you respond.