Section 25 Notice Landlord Opposing

A Section 25 Notice (opposing) is a legal document used by a Landlord of business premises in cases where he wishes to enforce his rights under the Landlord and Tenant Act 1954 and terminate the existing tenancy (at the end of the tenancy) as well as confirm his opposition to any proposed renewal put forward by the Tenant, stating the grounds for such opposition.

This Notice may only be used for business tenancies and in cases where the Landlord and the Tenant have not specifically excluded the Tenant's right to security of tenure in terms of the Landlord and Tenant Act 1954. Also, this Notice may not be used in cases where the Tenant has already served a Section 26 Notice on the Landlord.

The Landlord must give the Tenant between 6 to 12 months notice and the day on which the Notice expires must not be before the last day of the tenancy. For example, if the end of the tenancy is 31 January 2012 then the Notice must be served between 6 to 12 months before 1 February 2012, i.e. served between 1 February 2011 and 31 July 2011. It is crucial that the Tenant be given the correct notice. Incorrect notice periods will result in the Notice becoming invalid.

The Landlord must provide reasons for disallowing the Tenant from renewing the tenancy. These reasons must comprise of at least one of the grounds listed in the Table in the Notes section of the Schedule to the Notice. Where the grounds put forward by the Landlord are either grounds (e), (f) or (g), compensation may be payable by the Landlord.

The Tenant may oppose and/or challenge the Landlord's request for termination of the tenancy. In order to be successful, the Tenant must disprove the Landlord's reasons for termination (based on the listed grounds as stated in the Notice).