The Further adventures of Dave: an Implacable Landlord and a section 26 notice

Business has been good for FinalVinyl in the last few years. As all music lovers know, there has been a resurgence in demand for good old-fashioned vinyl, and although FinalVinyl diversified into CDs long ago (and audiocassettes long before that), keeping the original business name proves to have been a shrewd commercial move.

Thanks to this success, Dave was able to spread his wings a couple of years ago, and opened two new premises, one on a high street on the other side of Woodham, and another about 15 miles away in the next town, Penmire. Unlike the original premises – the ones plagued by the nearby cement works – he doesn’t own the new shops, but leases them.

The lease on the other Woodham shop is due to expire in the October, and back in February Dave had reached the decision that he wanted to renew it for 5 years. He didn’t think there would be a problem with the landlord, so rather than turn to his solicitor, Dave called on his mysterious friend – Simon –to find out what he needed to do…

Simon pointed Dave in the direction of Simplify the Law where he learnt that he should serve a “section 26 notice” on his landlord requesting a new tenancy, setting out the terms on which he wanted the tenancy to continue.

The section 26 notice, before Dave went to Simplify the Law

The section 26 notice, before Dave went to Simplify the Law

He saw that he had plenty of time to serve the notice (between six and 12 months before he wanted the new tenancy to start) and he drew the notice up for himself using Simplify the Law’s drafting tool.

“So far so good”, thought Dave, with unaccustomed confidence, and put the notice in the post. But he had reckoned without the landlord…

The landlord, Implacable Holdings Ltd, don’t particularly want to renew the lease as they have had a fairly lucrative informal alternative offer to take a lease of the premises. In June they countered the section 26 notice with an offer of alternative premises on a side road round the corner. Understandably unimpressed, and characteristically spooked, Dave has turned once again to Simon.

“Simplify the Law” says Simon (as if he were advertising), “that’s where you should look”. And there Dave sees how to combat Implacable… their late service of the counter-notice and unsuitable alternative premises combine to defeat their efforts to oust FinalVinyl from his prime location.

Dave lives to fight another day and can conserve his strength. Frankly, I think he’s going to need it…

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