Q&As

A and B are joint owners of the freehold of a building. There are two flats; A is the tenant of one and B the tenant of the other. A serves a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993. However, A and B cannot agree the terms of the section 45 counternotice. Can B sign it alone? If not, how can the landlord protect its position?

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Produced in partnership with Carl Fain of Tanfield Chambers
Published on LexisPSL on 20/06/2018

The following Property Q&A Produced in partnership with Carl Fain of Tanfield Chambers provides comprehensive and up to date legal information covering:

  • A and B are joint owners of the freehold of a building. There are two flats; A is the tenant of one and B the tenant of the other. A serves a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993. However, A and B cannot agree the terms of the section 45 counternotice. Can B sign it alone? If not, how can the landlord protect its position?

A section 45 notice under the Leasehold Reform, Housing and Urban Development Act 1993 must be given by the landlord. Unlike a section 42 notice, it does not need to be signed by the landlord, but it still must be given by the landlord or on the landlord’s behalf. As

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