Q&As

Where a tenant has served a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 it may protect its rights following service by notice on the register of the landlord’s title. If the tenant does not register a notice on the landlord’s title, can the tenant sell the flat with the benefit of the section 42 notice?

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Produced in partnership with Georgia Whiting of Ardmore Group Limited

Published on: 21 September 2017

A qualifying tenant who has been the registered owner of a flat for two years may extend their lease pursuant to the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993).

This process begins with the service of a LRHUDA 1993, s 42 notice, which is registerable under the Land Registration Act 2002 (LRA 2002) as if it were an estate contract. In circumstances where the notice has not been registered, it will not bind a purchaser of the freehold interest.

However, that is not to say that the tenant is unable to sell the leasehold interest with the benefit of the section 42 notice. In fact, this is commonplace. The benefit of

Georgia Whiting

In-House Legal Counsel, Ardmore Group Limited

Georgia is employed as Legal Counsel at the Ardmore Group, a large family owned and operated construction contractor. Her role is varied and includes both contentious and non-contentious matters.

Prior to this, she was a self-employed barrister at 4 King’s Bench Walk, where she remains as a Door Tenant. Her work included advising and acting in relation to issues arising out of construction, property development and refurbishment.

Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as employment, insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives.