Q&As

Where a tenant serves a notice of claim to acquire the freehold of a house under the Leasehold Reform Act 1967, is it correct that while the landlord should serve a notice in reply within two months, they do not have to? And once those two months have expired, is there a time limit for the tenant to apply to the court for enforcement?

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Produced in partnership with Martin Codd of Penningtons Manches Cooper
Published on LexisPSL on 20/06/2019

The following Property Q&A produced in partnership with Martin Codd of Penningtons Manches Cooper provides comprehensive and up to date legal information covering:

  • Where a tenant serves a notice of claim to acquire the freehold of a house under the Leasehold Reform Act 1967, is it correct that while the landlord should serve a notice in reply within two months, they do not have to? And once those two months have expired, is there a time limit for the tenant to apply to the court for enforcement?

Where a tenant serves a notice of claim to acquire the freehold of a house under the Leasehold Reform Act 1967, is it correct that while the landlord should serve a notice in reply within two months, they do not have to? And once those two months have expired, is there a time limit for the tenant to apply to the court for enforcement?

The effect of serving a notice by the tenant under the Leasehold Reform Act 1967 (LRA 1967) differs considerably from the effect under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993).

Although a landlord can serve what is known as a ‘Notice in Reply to the Tenant’s Notice of Tenant’s Claim’ under LRA 1967, Sch 3 Pt II, para 7, it does not have to. Such notice must be in the form which is prescribed (currently Form 3 in the Leasehold Reform (Notices) Regulations 1997, SI 1997/640, Sch) .

Under LRA 1967, the landlord’s notice in reply (if given) must be served within two months of the tenant’s notice

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