Q&As

Can a section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993 be deemed invalid if the landlord's right to serve a counter-notice has been passed before receiving the notice?

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Produced in partnership with Carl Fain of Tanfield Chambers
Published on: 06 September 2022
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This Q&A assumes that the reference to the right for the landlord to serve a counter notice is the date provided in the section 42 notice for the service of a counter notice on the tenant pursuant to section 42(3)(f) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993).

If the section 42 notice is served and

Carl Fain
Carl Fain chambers

Tanfield Chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes.

Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)

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United Kingdom
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