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?
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
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