What is an uncontested lease renewal and how can it be resolved?

Uncontested-lease-renewal.jpg.jpg

An uncontested lease renewal arises where there is a protected lease relating to commercial premises. The starting point is that the tenant is entitled to a new lease, but the parties do not agree the new lease terms. 

Daniel Long, a specialist at WHN on landlord and tenant disputes, explains for both parties what is involved in dealing with an uncontested lease renewal and the process behind getting it resolved.

An uncontested lease renewal is where both the commercial landlord and tenant are in agreement that the lease should be renewed but the parties do not agree the terms of the new lease.

The most common terms in dispute are the level of rent and length of term but any number of terms can be disputed.

Further information regarding negotiating the terms of a commercial lease can be found in our article: How can I make the most of a commercial lease renewal?

Over the last few years, since the COVID pandemic, our team has seen an emergence of disputes over whether a pandemic clause ought to be included in the new lease as well as disputes over the terms of the lease relating to energy efficiency due to changing legislation.

An uncontested lease renewal is distinct from an opposed renewal where the right to renewal is opposed and the landlord wishes to terminate without offering a new lease.

What is the process behind settling an uncontested lease renewal? 

Essentially, this is where all of the terms of the renewal lease have been agreed. Once agreed, the terms are documented by the parties’ commercial property teams and the lease will then complete.

If court proceedings have been issued, they will be discontinued after the lease has completed. Invariably, the parties will agree to bear their own legal costs.

Does it have to involve taking the matter to court and how can this be avoided?

Terms can be agreed without court involvement and often are. This will also keep costs down.

The court process however, can often be useful from a tactical perspective such as where the parties are significantly apart in negotiations or where there have been delays by one party or a lack of engagement. Issuing court proceedings will exert costs pressure on the other party and will often cause the other party to start engaging.

Parties can avoid court proceedings by engaging early and sensibly. It is always useful for the parties’ agents to be in contact from an early stage as the level of rent is usually the key term to be agreed.

The parties can agree to extend in writing the deadline for the tenant to apply to court for a new tenancy. There is no limit to how many times the deadline can be extended, and it is common to see multiple extensions agreed where parties continue to negotiate and make progress and there is a mutual desire to avoid the costs associated with court proceedings.

If the parties are unable to agree the terms of the renewal lease, the court, an arbitrator or expert can determine the terms guided by the parties’ legal submissions and expert evidence. In practice, this is rare, and terms will usually be agreed at some stage. Often, this will be without court proceedings being issued at all but sometimes the court process can be useful to focus the parties’ minds.

What legal support do I need to deal with this type of dispute?

At WHN, our property disputes team can provide general advice on the law and processes behind lease renewals and the terms of the renewal lease. We often serve the initial statutory notice that starts the process by setting a date when the current lease will terminate and proposing renewal terms.

We can then assist clients throughout the journey by advising on the merits of pursuing or resisting certain renewal terms and ensuring agreed terms are properly offered and accepted in writing. We may advise and assist in relation to settlement offers along the way and will agree extensions of the statutory deadline when instructed to do so.

Our legal specialists often take on more of a project management role and guide clients throughout the whole process. If court proceedings need to be issued or defended, we will go on the court record and deal with all steps involved in the litigation process including agreeing directions, exchanging draft leases, preparing/updating a schedule of disputed terms and potentially assisting the client with witness evidence and instructing an expert.

Sometimes we will deal with the process of staying the court proceedings to allow disputed terms to be referred to PACT (a specialist arbitration process) which is a more flexible, and often cheaper, alternative to court proceedings.

On the transactional side, our commercial property team will deal with documenting the renewal terms, sometimes drafting the renewal lease and dealing with completion and any registration formalities.

WHN’s property disputes team can act for both landlords and tenants and seek to achieve an outcome that is as positive and cost effective as possible.

See also further information on our dedicated service pages regarding lease renewal and security of tenure and lease disputes.

Daniel Long is a director at WHN Solicitors and heads up the firm’s commercial department and property disputes team.

He specialises in resolving disputes between landlords and tenants of commercial leases on matters including rent and service charge recovery, dilapidations, forfeiture, possession, insolvency-related matters, and lease renewal and termination.

For advice on dealing with uncontested lease renewal, please contact Daniel on 0161 761 8063 or email him at [email protected]

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Salad days as grower seals major £250m deal with Asda Asda Back British Grower With 250m Long Term Investment 1

Salad days as grower seals major £250m deal with Asda

29 Sep 2026

2

fulfilmentcrowd records 19 per cent EBITDA increase Fulfilmentcrowd

fulfilmentcrowd records 19 per cent EBITDA increase

29 Sep 2026

3

Jeweller calls on chancellor to give retailers a break Mark Adlestone And Anna Blackburn Beaverbrooks

Jeweller calls on chancellor to give retailers a break

29 Sep 2026

4

Debate: Shaping skills for manufacturing Dsc4972

Debate: Shaping skills for manufacturing

29 Sep 2026

5

Delivering inclusive pathways to recruitment across Lancashire Michele Lawty- Jones Sep-Oct

Delivering inclusive pathways to recruitment across Lancashire

29 Sep 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Employment law webinar - an update on key ERA 2025 changes
LBV Website Events GraphicEmployment Law Webinar 29 Sep 2026

Employment law webinar - an update on key ERA 2025 changes

Online, Preston, PR1 3JD

12:00 - 13:00

Preston Tech Connection Coworking Day at Society1
Preston Tech 2 29 Sep 2026

Preston Tech Connection Coworking Day at Society1

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Business on Par Burnley
Business on Par LBV Banner (1200 x 800 px).png.png 30 Sep 2026

Business on Par Burnley

Prairie Sports Village, Burnley, BB10 2FU

09:00 - 11:00

Unfair Dismissal: The critical update employers can’t afford to miss
Lancaster And Morecambe Logo 1 30 Sep 2026

Unfair Dismissal: The critical update employers can’t afford to miss

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Breakfast Social and Coworking Day: October
Breakfast Social 01 Oct 2026

Breakfast Social and Coworking Day: October

Society1, 9-10 Cross Street, Preston, PR1 3LT

10:00 - 12:00

Chamber Breakfast Networking – October
Lancaster And Morecambe Logo 1 01 Oct 2026

Chamber Breakfast Networking – October

Unique Kidz Youth & Community Centre, Morecambe, LA4 4NW

08:00 - 10:00

SheChain Live - Where Lancashire business meets opportunity
SheChain Live (3).png.png 01 Oct 2026 - 01 Oct 2026

SheChain Live - Where Lancashire business meets opportunity

Blackpool Conference Centre, Winter Gardens (Leopold Grove entrance), Blackpool, FY1 1HL

09:30 - 16:15

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin