Q&As

A notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 states that the date by which the landlord must respond to the notice by giving a counter-notice under section 45 is ‘not less than two months after the date of receipt of this Notice’. How does that affect the validity of the section 42 notice and, if it is valid, when must the landlord serve its section 45 notice?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 22 April 2020
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The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) allows a qualifying tenant to apply for an extension to a lease of a flat. The process is commenced by the tenant serving a notice under LRHUDA 1993, s 42. By LRHUDA 1993, s 42(3) various matters must be specified within the section 42 notice, including at LRHUDA 1993, s 42(3)(f) the date by which the landlord must respond to the notice by giving a counter-notice pursuant to LRHUDA 1993, s 45. By LRHUDA 1993, s 42(5) that date must be a date falling not less than two months after

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Prima facie definition
What does Prima facie mean?

At first sight, or on the face of it, or as it appears without investigation.

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