Landlord and Tenant Act 1954
Applying to court for a new tenancy
In shortA renewal claim under section 24 must be issued before the termination date, by either the tenant or the landlord; unopposed claims are usually stayed while terms are agreed, opposed claims are tried on the section 30 grounds first, and section 64 continues the old tenancy until three months after the proceedings are finally disposed of.
Key facts
- Who can apply
- Tenant or landlord under section 24
- Landlord's termination claim
- Section 29(2)
- Deadline
- Before the section 25 / section 26 date, or agreed extension
- Venue
- County Court, or the Chancery Division in higher-value cases
- Effect of proceedings
- Section 64 — 3 months after final disposal, appeal time included
Who applies, and for what
Either party can start the claim. A tenant applies for the grant of a new tenancy; a landlord can either apply for the grant itself — useful where the landlord wants certainty on rent — or, if it is opposing, apply under section 29(2) for an order terminating the tenancy without renewal. Only one claim can proceed, and the first properly issued claim generally governs.
In practice the tenant issues protectively as the deadline approaches, even where negotiations look healthy, because the alternative is losing the tenancy altogether.
Unopposed and opposed claims
In an unopposed claim the only questions are the terms and the rent under sections 33 to 35, and the court will usually stay the proceedings for the parties to negotiate, with a timetable for expert valuation evidence if agreement fails.
In an opposed claim the landlord's grounds under section 30(1) are tried first, often as a preliminary issue. If a ground succeeds the tenancy ends and compensation may be payable; if it fails the case turns to terms and rent as in an unopposed claim.
Procedure and the section 64 tail
Renewal claims are brought under CPR Part 8 as modified by Practice Direction 56, usually in the County Court hearing centre for the district where the property is. Unopposed claims are normally issued as Part 8 claims with the tenant's proposed terms; opposed claims require the grounds and the evidence to be set out.
Section 64 is the safety net: where an application has been made, the current tenancy does not end until three months after the proceedings are finally disposed of. Proceedings are not finally disposed of until any appeal is determined or the time for appealing has expired, so the actual end date moves with the litigation rather than being a fixed number of days after judgment. That tail gives both sides time to complete a new lease or plan an exit.
Common questions
Do I have to go to court to renew a business lease?
No — most renewals settle. But a protective application must be issued in time, or the right to a new tenancy is lost even if talks are ongoing.
Which court deals with 1954 Act renewals?
Usually the County Court under CPR Part 8 and Practice Direction 56; higher-value or complex claims can be brought in the Chancery Division.
What happens to my lease while the claim is running?
It continues. Under section 64 it does not end until three months after the proceedings are finally disposed of, and proceedings are not finally disposed of until any appeal is decided or the time for appealing has run out — so the end date is not fixed until the litigation is over.
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General information on business lease renewal under Part II of the Landlord and Tenant Act 1954 in England and Wales. It is not legal advice, and deadlines under the Act are unforgiving — take advice on your own notices and dates before acting.