Q&As

A tenant serves a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993. The landlord does not serve a counter-notice, so the tenant made an application to court for an order determining that the terms of acquisition of the new lease should be in accordance with the proposals contained in the tenant's notice. Is it mandatory for the court to order that a new lease be granted in accordance with the proposals contained in the tenant's notice, or can the court take issue as to whether the premium offered is so unreasonable it invalidates the notice or needs to be referred to the tribunal?

read titleRead full title
Published on LexisPSL on 06/07/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A tenant serves a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993. The landlord does not serve a counter-notice, so the tenant made an application to court for an order determining that the terms of acquisition of the new lease should be in accordance with the proposals contained in the tenant's notice. Is it mandatory for the court to order that a new lease be granted in accordance with the proposals contained in the tenant's notice, or can the court take issue as to whether the premium offered is so unreasonable it invalidates the notice or needs to be referred to the tribunal?

A tenant serves a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993. The landlord does not serve a counter-notice, so the tenant made an application to court for an order determining that the terms of acquisition of the new lease should be in accordance with the proposals contained in the tenant's notice. Is it mandatory for the court to order that a new lease be granted in accordance with the proposals contained in the tenant's notice, or can the court take issue as to whether the premium offered is so unreasonable it invalidates the notice or needs to be referred to the tribunal?

See Practice Note: Lease

Related documents:

Popular documents