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Public Houses: Tenants

Answer

A section 25 notice under the Landlord and Tenant Act 1954 may seek to terminate a business tenancy or propose terms for its renewal. A pub tenant may challenge such notice through several routes including making an application to court for a new tenancy before the notice expiry.

As with any civil claim there are costs involved which may include paying a fee to the court; and those of seeking professional legal advice or representation. Court and tribunal fees are an essential source of income for the Department and ensure that HMCTS has the resources necessary to deliver its services effectively. To ensure individuals are not deprived access to justice due to their financial circumstances, a Help with Fee scheme operates to help those with little or no savings, are on certain benefits or have a low income.

The general principle in England and Wales is, however, that costs are recoverable; usually the loser pays the winner’s costs, including any court fees, as well as their own. Recoverable costs in most cases up to the value of £100,000 in the County Court are governed by the Fixed Recoverable Cost (FRC) regime, which is designed to ensure access to justice at proportionate cost. The FRC provides those thinking of launching legal proceedings clear and transparent information on the costs they can recover allowing them to make informed litigation decisions.

To help manage the cost of litigation, individuals may wish to consider a range of funding options, including conditional fee agreements, damages-based agreements, and insurance products such as after-the-event cover. Third-party litigation funding may also be available in some circumstances.

The Government considers that the current framework for civil litigation costs strikes an appropriate balance between supporting access to justice and ensuring costs remain proportionate. There are no plans to change this approach regarding costs in section 25 claims.

Secondary information

Type

Written question

Reference

4784

Session

2026-27

Subjects

Appeals Companies Costs Evictions Public houses Tenants

Contains statistics

Yes

Link

View this Written question on www.parliament.uk