Section 40 notice

Request by landlord for information
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Document overview

Statutory form and explanatory notes for a section 40 notice by a landlord requesting information so he can decide whether or not to renew the business tenancy.
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  • England & Wales
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  • Length:3 pages (530 words)
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About this document

This notice complies with Section 40(1) of the LTA 1954. It is suitable for landlords and agents of landlords.

It is to be used by a landlord who wishes to enquire as to the occupation of the tenant and any sub-tenants so that he can make an informed decision about whether to renew the tenancy.

A notice should be served in plenty of time to allow time to respond and for the landlord to then issue the relevant forms after. You can read about how to serve a Section 40 notice.

We suggest eight months before the end of the tenancy. There are certain time requirements to be complied with when serving a section 25 or issuing a section 26 notice (which of course may well be served after you serve a s40 notice). By acting early, you can get the result you want.

There is a different Section 40 to use when the tenant is requesting information.

Application and features

  • Official, statutory form required for serving notice
  • Allows you to obtain information about the tenant and tenancy before you make further decisions
  • Suitable for any business tenancy enquiry

Contents

  • Details of the parties
  • Address and description of the property
  • Relevant questions to determine the use of the premises
  • Important notes for the landlord, including information required and validity of the notice
Sample section 40 noticeSample page from the Section 40 notice

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