Q&As
Are the costs of the landlord applying to the First Tier Tribunal to challenge the validity of the tenant’s section 42 notice recoverable from the tenant under the Leasehold Reform, Housing and Urban Development Act 1993?
The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) allows an individual qualifying tenant to acquire a new lease for an additional term of 90 years at a peppercorn rent by giving notice under LRHUDA 1993, s 42 of his claim to exercise the right. By LRHUDA 1993, s 45 the landlord may give a counter-notice by the date specified in the section 42 notice either admitting the right to acquire a new lease or not admitting it. An admission is binding but where there is a challenge to the validity of the section 42 notice (for example because the tenant has failed to provide the required information or is not a qualifying tenant)
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