Q&As

Is it possible to agree an extension of the time limit to apply to the tribunal in respect of an application under section 42 of the LRHUDA 1993 when negotiations are nearly completed?

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Produced in partnership with Elizabeth England
Published on LexisPSL on 14/03/2017

The following Property Q&A produced in partnership with Elizabeth England provides comprehensive and up to date legal information covering:

  • Is it possible to agree an extension of the time limit to apply to the tribunal in respect of an application under section 42 of the LRHUDA 1993 when negotiations are nearly completed?

Is it possible to agree an extension of the time limit to apply to the tribunal in respect of an application under section 42 of the LRHUDA 1993 when negotiations are nearly completed?

A section 42 notice (section 42 of the Leasehold Reform, Housing and Urban Development Act 1993) is one which is served by a qualifying tenant on his landlord to exercise the right to acquire a new lease of their flat.

The landlord must give the tenant a counter-notice by the date stated within the tenant’s notice. If the landlord fails to give a counter-notice, then the tenant must apply to the court to enforce his notice. There is a strict six-month time limit in which to do so.

If the landlord contests the tenant’s claim, then he has two months to apply to the court for a declaration to that effect.

The process is one which is entirely statutorily regulated. In a number of cases, the tenant is deemed to have withdrawn his claim, such as:

  1. if the terms

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