Meah v Sector Properties Ltd

[1974] 1 WLR 547 · Court of Appeal · 1974

The question

Can a tenant serve a section 26 request after the landlord has already served a valid section 25 notice?

What was held

No. The two routes are mutually exclusive; once a valid s.25 notice is given, a s.26 request cannot be made.

For a landlord

Serving first removes the tenant's ability to set the timetable and the interim-rent date through s.26.

For a tenant

If timing matters to you — rent levels, funding, a fit-out programme — move first rather than waiting to be served.

The provisions this turns on

Apply it to your matter

Read alongside this

Need professional assistance with your lease?

This guide is general information, not legal advice. Deadlines under the 1954 Act are strict and a mis-served notice can cost you the renewal. If your matter is live, speak to a professional.

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Case summary for general guidance only, not legal advice. Judgments turn on their own facts and later decisions may qualify them — check the primary transcript before relying on any point in correspondence or proceedings.