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The Comprehensive Guide on Section 25 Notices [EXPLAINED]

Last updated:

November 06, 2022

Verified by Lawhive solicitors

Overview

A Section 25 notice is a document which sets out the information that a landlord needs to give the tenant in order to end a tenancy agreement.

What is a Section 25 notice?

A Section 25 notice is a document which sets out the information that a landlord needs to give the tenant in order to end a tenancy agreement.

A section 25 notice can be either:

  • A notice which ends the existing lease but explains that the landlord is prepared to start a new lease. This type of notice will also include the terms the landlord is prepared to accept with the new lease

or

  • A notice which ends the existing lease and explains that the landlord does not want to start a new lease.

A landlord may choose to end a tenancy through a section 25 notice if:

  • The tenant has failed to pay rent
  • The tenant has breached one or more terms in the tenancy agreement
  • The landlord wants to alter the property
  • The landlord wants to use the property themselves

After a section 25 notice is served, the tenant must either agree to a new lease, give an extension of notice to the landlord or go to court asking for a new lease and a decision on its terms. Tenants who fail to take these steps by the deadline stated on the notice are unable to occupy the property and renew their leases.

You can choose to hire a solicitor to help you write a section 25 notice or you can use an online template.

Do I need a solicitor?

Most section 25 notices are served and resolved quickly without the need of a solicitor. In some cases, they are taken to court. See below for details.

DIY Score:

3

/ 5

You'll likely need a solicitor for a section 25 notice

Solutions

Recommended

Negotiation

Free

When there is a new lease in a section 25 notice, the terms are agreed by negotiation. This will mean the tenant and landlord discussing the issue amongst themselves, coming to a conclusion and making an application to the court once all of the terms are agreed. This saves time and money.

Mediation

Mediation is a formal meeting where an independent third party will try to help both people to agree and come to a solution. The terms of a new tenancy agreement or the issues which might have led to a landlord wanting to end a tenancy can be resolved through mediation. You can hire a solicitor to help you better understand the process or represent you in mediation. This option is cheaper and faster than going to court.

Go to Court

If the tenant wants to oppose the section 25 notice ending their tenancy, the landlord will need to apply to the court and convince the court that the grounds for ending the lease can be justified. If the landlord is successful, the court will not order a new tenancy. Otherwise, the court will order a new tenancy and decide the terms. The tenant and landlord will need to get legal advice. This is the most expensive and time consuming option.

What steps are involved?

Step 1

Check Requirements

First you should check the existing tenancy agreement to see if there is a clause which excludes a section 25 notice. You should also make sure that you serve the notice between 6 and 12 months before you want the tenancy to end (or the new one to begin). If you want to end a lease, you should first check that the ground you want to end the lease on is justified. For more information on these grounds, you should seek advice from a solicitor.

Step 2

Tenant’s Section 26 Notice

If you are a tenant and your landlord has not already sent a section 25 notice, you can send a section 26 notice. In a section 26 notice, you can request a new tenancy and propose new terms. A section 26 notice should be sent between 6 and 12 months before you want the new tenancy to start. You can utilise online templates or hire a solicitor to help you write the notice.

Step 3

Landlord serves notice

If you are a landlord, you should serve a section 25 notice followed by an application to the local county court. Serving a notice simply means giving a formal warning or information to another person. You should do this if you would like to bring your tenancy to an end or would like to keep your tenant, but on new terms. You can choose to purchase a template online or hire a solicitor to help you write the notice. The best way to serve a notice is by physically handing it to your tenant, asking them to sign or having an independent witness.

Step 4

If the Tenant Opposes

If the tenant is not happy with the section 25 notice, they can respond by asking to negotiate with the landlord or issue proceedings to the court. New terms can be negotiated between the tenant and landlord themselves or through mediation. If it is taken to court, the landlord has to convince the court that their reasons for ending the lease can be justified. If the landlord is unsuccessful, the court will order the grant of a new tenancy and decide the terms. Both people will have to seek legal advice if the dispute gets to this stage.

Step 5

Renewal of Lease or Ending of Lease

If both people are happy with the details of the section 25 notice, the court will approve the application and then a new tenancy will start on the date specified on the notice or the tenant will move by the date specified on the notice.

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Rating

4.8

Evidence and documentation

Evidence

  • Bank Statements or other proof of payment
  • Photo evidence of serving the notice
  • Signature on the notice
  • Independent Witness to the serving of the notice

Documentation

  • Tenancy Agreement
  • Proof of Identity
  • Property Deed

Cost

  • £200-£300
  • Court fees may vary

Factors that effect cost

  • Cooperation from people involved
  • Choosing to go to court
  • Type of tenancy
  • Whether you hire a solicitor or DiY

Time

  • 2-6 weeks

Factors that effect time

  • Cooperation from people involved
  • Choosing to go to court
  • Type of tenancy

FAQs

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