Q&As

Under section 62(2) of the LRHUDA 1993, a garage qualifies as part of the flat if it is enjoyed with the flat and let to the tenant on the date of the Notice. Section 7(6) (incorporated by section 39(3)(b)) also deals with multiple leases and confirms that they should be treated as a single lease. If the definition of flat in Section 7(6)(a) can be construed as the flat and Section 7(6) (incorporated by section 39(3)(b)) can be construed as the garage then can a qualifying tenant serve a Section 42 Notice of Claim for a lease extension of a garage in addition to their flat where the garage is leased under a separate lease, granted at a different time to a different flat owner, but is now owned by that tenant and used in conjunction with their flat or would separate notices be required?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 23/02/2016

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

  • Under section 62(2) of the LRHUDA 1993, a garage qualifies as part of the flat if it is enjoyed with the flat and let to the tenant on the date of the Notice. Section 7(6) (incorporated by section 39(3)(b)) also deals with multiple leases and confirms that they should be treated as a single lease. If the definition of flat in Section 7(6)(a) can be construed as the flat and Section 7(6) (incorporated by section 39(3)(b)) can be construed as the garage then can a qualifying tenant serve a Section 42 Notice of Claim for a lease extension of a garage in addition to their flat where the garage is leased under a separate lease, granted at a different time to a different flat owner, but is now owned by that tenant and used in conjunction with their flat or would separate notices be required?

Under section 62(2) of the LRHUDA 1993, a garage qualifies as part of the flat if it is enjoyed with the flat and let to the tenant on the date of the Notice. Section 7(6) (incorporated by section 39(3)(b)) also deals with multiple leases and confirms that they should be treated as a single lease. If the definition of flat in Section 7(6)(a) can be construed as the flat and Section 7(6) (incorporated by section 39(3)(b)) can be construed as the garage then can a qualifying tenant serve a Section 42 Notice of Claim for a lease extension of a garage in addition to their flat where the garage is leased under a separate lease, granted at a different time to a different flat owner, but is now owned by that tenant and used in conjunction with their flat or would separate notices be required?

Under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), the

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