Q&As

When making an application to the tribunal under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993, do you need to serve the other party or merely lodge the application with the tribunal? Is there anything else required in order to perfect the application?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 14/04/2021

The following Property Disputes Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • When making an application to the tribunal under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993, do you need to serve the other party or merely lodge the application with the tribunal? Is there anything else required in order to perfect the application?

When making an application to the tribunal under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993, do you need to serve the other party or merely lodge the application with the tribunal? Is there anything else required in order to perfect the application?

Chapter II of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) enables a tenant of a flat, in certain circumstances, to acquire a new lease of their flat. LRHUDA 1993, Pt I, Ch II sets out a procedure for the tenant to do so, which is started by the tenant giving a notice containing certain specified information to their landlord under LRHUDA 1993, s 42, including proposed terms for the new lease.

A landlord can then serve a counter-notice. If proposed terms of the new lease remain in dispute two months after service of the counter-notice, LRHUDA 1993, s 48 provides that the landlord or tenant may make an application to the appropriate tribunal to determine the matters in dispute. The appropriate tribunal is the First-tier Tribunal in England (FTT) or a leasehold valuation tribunal in Wales

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