Lease extension—landlord’s counter-notice, default and withdrawal
Lease extension—landlord’s counter-notice, default and withdrawal

The following Property practice note provides comprehensive and up to date legal information covering:

  • Lease extension—landlord’s counter-notice, default and withdrawal
  • The landlord's counter-notice — time-limit and content
  • Failure to comply with requirements
  • Intention to redevelop
  • Defective s 42 notice
  • Serving the notice
  • Default
  • Actual and deemed withdrawal
  • Compensation for landlord on termination of claim

The landlord's counter-notice — time-limit and content

Time limit

The landlord must serve its counter-notice (also known as a s 45 notice) by the date specified in the tenant’s notice of claim (also known as a s 42 notice) — the specified date must be not less than two months from the date of service of the s 42 notice. It is unclear whether this time limit is capable of being extended by agreement between the parties — see Q&A: A section 42 notice was served, and the date specified for service of the counter-notice was ten weeks. Is it possible for the parties to agree an extension to the time for service of the counter-notice?.

Content

There is no prescribed form for the counter-notice, but Leasehold Reform, Housing and Urban Development Act 1993, s 45 (LRHUDA 1993) does require the landlord to deal with certain matters. In particular, the counter-notice must:

  1. admit the tenant’s claim in principle (in which case the counter-notice must state which of the tenant’s proposals as to the terms of the new lease are accepted, or make counter-proposals as to those which are not), or

  2. deny the claim (stating reasons, which cannot be amended or added to later)

  3. (whether the claim is admitted or denied) state whether the landlord intends to seek a court order preventing the exercise of the right to a

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