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?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 31 October 2019
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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)

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

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