Q&As

If a completed deed of assignment of a section 42 notice served on the landlord incorrectly stated the date of the notice of claim, (which the assignor and the assignee have agreed to amend on the basis that it was an error), and a copy of the amended deed of assignment is subsequently served on the landlord before registration of the lease transfer, has the assignment of the claim been rendered invalid and the claim deemed withdrawn?

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Published on LexisPSL on 30/03/2021

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

  • If a completed deed of assignment of a section 42 notice served on the landlord incorrectly stated the date of the notice of claim, (which the assignor and the assignee have agreed to amend on the basis that it was an error), and a copy of the amended deed of assignment is subsequently served on the landlord before registration of the lease transfer, has the assignment of the claim been rendered invalid and the claim deemed withdrawn?
  • Does the mistake invalidate the assignment?
  • Is the notice deemed withdrawn?

If a completed deed of assignment of a section 42 notice served on the landlord incorrectly stated the date of the notice of claim, (which the assignor and the assignee have agreed to amend on the basis that it was an error), and a copy of the amended deed of assignment is subsequently served on the landlord before registration of the lease transfer, has the assignment of the claim been rendered invalid and the claim deemed withdrawn?

The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gives certain tenants the right to 'extend' the term of their lease by the grant of a new lease for an additional term of 90 years. The process of seeking a new lease is triggered by the tenant serving notice under LRHUDA 1993, s 42.

Tenants frequently wish to assign a lease during the claim process. The notice must be assigned to the purchaser together with the lease. By LRHUDA 1993, s 43(3) '...if the tenant's lease is assigned without the benefit of the notice, the notice shall accordingly be deemed to have been withdrawn by the tenant as at the date of the assignment'.

This question raises the effect of a mistake in identifying the notice in the assignment of it to the purchaser.

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