The services we can provide

Bradley-Mason LLP is a Chartered Building Surveying practice who offer the full range of Surveying, Building Consultancy and Project Management Services throughout the UK.

Our senior level team provide expert advice, with a focus on a quick turnaround service to maximise value and to fully understand our client’s businesses and property requirements. Ranging from investment funds and private Landlord’s to High Street retailers and commercial Tenant’s, we offer advice on the whole life cycle of their property interest from acquisition to disposal. Our aim is to predict your needs and ensure your expectations are exceeded. We question your requirements to ensure that our services are tailored to your current and future needs.

Section 25 Notices – Lease Renewal under the Landlord & Tenant Act 1954

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The Landlord and Tenant Act 1954 applies to commercial tenancies throughout England and Wales. A Section 25 notice is named after the section in the Landlord and Tenant Act 1954 which includes the information that a Landlord needs to provide to the Tenant in order to end the business tenancy.

 

Security of Tenure gives the Tenant the right to be offered a new tenancy at the end of the term. This right was founded in The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003.  It applies to tenancies unless the Landlord and Tenant agreed to opt out of sections 24 – 28 of the LTA 1954 at the start of the Lease.

 

If a Landlord would like the Tenant to leave at the end of the term or they wish to grant a new Lease on new terms, then a Section 25 notice must be served within 6 to 12 months before the Landlord wants the tenancy to end.  There are two types of Section 25 notice the Landlord could serve.  As mentioned, one suggests a new tenancy on different terms and the other initiates termination of the tenancy.  The Landlord can oppose a tenancy on seven grounds (A-G) which are stated in Section 30(1) of the LTA 1954.  These include the Tenant being in arrears of rent, the Tenant not complying with their obligations, the Landlord wishing to occupy the premises or redevelop the premises.

 

Dilapidations

 

Where the Landlord serves a Section 25 notice opposing a new tenancy then the Tenant could be entitled to compensation if it is on the grounds of E, F or G of Section 30 (1) of the LTA 1954. Statutory compensation is calculated on the rateable value of the premises.  If the Tenant has been in occupation for over 14 years, the compensation is twice the rateable value.  For under 14 years the compensation is one times the rateable value.

 

If the Tenant does not respond to the Section 25 notice, then the tenancy will either continue on the Landlord’s proposed new terms or the tenancy will end on the specified date.

 

Either the Landlord or the Tenant can suggest a new tenancy.  If the Tenant wishes to request a new tenancy, they would serve a Section 26 notice within 6 to 12 months of the end of the term.  If the Landlord opposes the request, they must respond within 2 months with a counter notice, specifying the grounds in which it is opposed.  However, if the Landlord has already served a Section 25 notice, the Tenant cannot serve a Section 26 notice but instead would have to reply to the Landlord.  Similarly, a Section 25 notice cannot be served on the Tenant if the Tenant has already served a Section 26 notice.

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Warm deck or cold deck roof?

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There are two main types of flat roof – cold deck roof and warm deck roofs, do you know the difference?

Cold deck roof:

The insulation in a cold deck roof is installed at ceiling level, therefore the void is at a colder temperature than the room below during colder weather. This poses a risk of condensation forming within the void or on the underside of the roof slab. This can lead to rotting timbers, damp ceiling and ineffective insulation. Consequently, it is important that the void is well ventilated. This was the traditional way of flat roof construction and as insulation has increased over the years, the warm deck roof is now the commonly used method of construction.

Warm deck roof:

The insulation in a warm deck roof is installed immediately below the roof membrane on top of the roof deck, usually with a vapour control layer underneath the insulation. Contrasted with the cold deck roof, this construction has a much lower risk of condensation as the void will be of a comparable temperature to the roof. Ventilation is also not required with this type as the design works by conserving heat. Furthermore, an Inverted roof is a different type of warm deck roof, where the insulation is installed above the membrane and so no vapour control is needed. This then means that the roof void or deck are at a similar temperature to the room below.

 

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