Q&As

If a landlord served a counter-notice, can they withdraw or alter it to change the figure they had specified in the counter-notice?

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Published on LexisPSL on 28/01/2016

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

  • If a landlord served a counter-notice, can they withdraw or alter it to change the figure they had specified in the counter-notice?
  • Withdrawal of landlord’s counter-notice
  • Amending the counter-proposal
  • Options for the landlord

If a landlord served a counter-notice, can they withdraw or alter it to change the figure they had specified in the counter-notice?

Withdrawal of landlord’s counter-notice

At any time before a new lease is entered into under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), the tenant can give a notice of withdrawal of the initial notice to the competent landlord and every other landlord and to any third party to the tenant's lease under LRHUDA 1993, s 52.

However, we have been unable to find an authority for or any commentary on an equivalent provision with respect to a landlord’s counter-notice.

It is worth noting that, in the event that it is possible for a landlord to withdraw their counter-notice, the result of this may be the same result as if they had not served a counter-notice at all. In cases where the landlord fails to serve a counter-notice from the date specified in the initial notice, the participating tenants may apply to the County Court for a vesting order. This application is not for a court order requiring the landlord to serve the counter-notice, but a request to the court to transfer the freehold to the participating tenants. The court, if satisfied of the right to enfranchise, will grant the order on the terms proposed in the initial notice; see Practice Note: Collective

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