Q&As

Must the competent landlord serve a section 45 counter-notice under the Leasehold Reform, Housing and Urban Development Act 1993 or can/must an intermediate landlord serve one too?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 30 January 2019
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Qualifying leaseholders have the right to extend their lease under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). The procedure commences by the leaseholder serving a tenant’s notice on the landlord pursuant to LRHUDA 1993, s 42 as well as on any third party to the tenant’s lease. The landlord shall then serve a counter-notice on the leaseholder pursuant to LRHUDA 1993, s 45. The counter-notice must be served by the date specified in the tenant’s notice pursuant to LRHUDA 1993, s 42(3)(f), and must comply with the requirements laid out in LRHUDA 1993, s 45(2), (3) and (4).

The landlord for the purposes of both LRHUDA 1993, s 42 and LRHUDA 1993, s 45 is defined in LRHUDA 1993, s 40(1) as:

‘the person who is the owner

Katherine Illsley
Katherine Illsley

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom

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