Q&As

Once a valid section 13 notice has been served on the freeholder, who duly served a counternotice, what are the time scales for either a settlement to be reached or the application be deemed withdrawn where no meaningful negotiations have taken place?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 06/09/2019

The following Property Disputes Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Once a valid section 13 notice has been served on the freeholder, who duly served a counternotice, what are the time scales for either a settlement to be reached or the application be deemed withdrawn where no meaningful negotiations have taken place?

The procedure for collective enfranchisement pursuant to the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) begins with the tenant serving a section 13 (or ‘initial’) notice. The initial notice triggers the statutory procedure for acquiring the freehold and the nominee purchaser is liable for the freeholder’s reasonable costs as from the date the freeholder receives the notice. The initial notice also ‘fixes’ the valuation date as the date on which it is served.

The freeholder may then serve a counternotice in accordance with LRHUDA 1993, s 21 within the period specified in the initial notice. Failing to do so means that the nominee

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