Q&As

Can an executor serve a section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993 prior to a grant of probate being issued?

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Published by a LexisNexis Property Disputes expert
Published on: 06 August 2019

Can an executor serve a section 42 notice?

Under the Leasehold Reform, Housing and Urban Development Act 1993 where a tenant had the right to a lease extension immediately prior to their death, the Personal representatives (PRs) may serve a section 42 notice in order to exercise the right to extension. The legislation also provides that the PRs may only serve such a notice within two years of the Grant of Probate or letters

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Grant of Probate definition
What does Grant of Probate mean?

The representation'>grant of representation obtained where the deceased left a valid Will appointing one or more executors who are able and willing to prove the Will.

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