Q&As

A tenant served a request for a new lease under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), by recorded post to the landlord's head office. The landlord had arranged a redirection with Royal Mail and its employees did not actually receive the notice until shortly before the deadline for service of a counter-notice. A counter-notice was served as soon as possible following receipt of the section 42 notice, albeit after the deadline given in the notice. Is the tenant therefore able to apply to court under LRHUDA 1993, s 49 to determine the terms of acquisition in accordance with the notice?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 01/07/2020

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A tenant served a request for a new lease under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), by recorded post to the landlord's head office. The landlord had arranged a redirection with Royal Mail and its employees did not actually receive the notice until shortly before the deadline for service of a counter-notice. A counter-notice was served as soon as possible following receipt of the section 42 notice, albeit after the deadline given in the notice. Is the tenant therefore able to apply to court under LRHUDA 1993, s 49 to determine the terms of acquisition in accordance with the notice?

A tenant served a request for a new lease under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), by recorded post to the landlord's head office. The landlord had arranged a redirection with Royal Mail and its employees did not actually receive the notice until shortly before the deadline for service of a counter-notice. A counter-notice was served as soon as possible following receipt of the section 42 notice, albeit after the deadline given in the notice. Is the tenant therefore able to apply to court under LRHUDA 1993, s 49 to determine the terms of acquisition in accordance with the notice?

The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) allows inter alia a tenant to serve notice pursuant to LRHUDA 1993, s 42 to exercise the right to acquire a new lease with an additional term of 90 years and at a peppercorn rent. The LRHUDA 1993, s 42 notice must be given to the landlord and contain specified particulars, including the date by which the landlord must respond to the notice by giving a counter-notice under LRHUDA 1993, s 45, being a

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