Q&As

Following receipt of a section 42 notice for a lease extension, what options does a landlord have if he/she has failed to serve a section 45 notice within the required time frame?

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Produced in partnership with Martin Codd of Penningtons Manches Cooper
Published on LexisPSL on 18/03/2019

The following Property Q&A produced in partnership with Martin Codd of Penningtons Manches Cooper provides comprehensive and up to date legal information covering:

  • Following receipt of a section 42 notice for a lease extension, what options does a landlord have if he/she has failed to serve a section 45 notice within the required time frame?

Following receipt of a section 42 notice for a lease extension, what options does a landlord have if he/she has failed to serve a section 45 notice within the required time frame?

If a landlord fails to respond to a section 42 notice served under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), either within the timescale specified in the notice or not at all, then there are very few options open to the landlord to retrieve the situation.

Under these circumstances, the tenant can apply to the court for an order under LRHUDA 1993, s 46 requiring the landlord to grant a new lease on the exact same terms which were set out in the section 42 notice (LRHUDA 1993, s 42). Normally, the premium quoted in the section 42 notice will be on the low side.

The Court of Appeal in Willingale v Globalgrange Ltd stated that so long as the court is satisfied that on the relevant date the tenant had the right to a new lease of their flat and that the notice of claim was duly served on all relevant landlords, then the court is obliged to make an order under LRHUDA 1993, s 46 so allowing the tenant to acquire a new lease on the terms which were set out in the section 42 notice (LRHUDA 1993, s

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