Q&As

Section 42 Notice: Counter-Notice Service After Assignment

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Published by a LexisNexis Property Disputes expert

Published on: 28 February 2020

If the benefit of a section 42 notice has been assigned, on whom does the landlord serve the counter-notice?

Where the leaseholder who served a section 42 notice sells their flat, the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) makes provision for the section 42 notice to be assigned to the purchaser of that flat so that the purchaser can continue the process of acquiring a new lease. To this end, LRHUDA 1993, s 43(1) states:

‘Where a notice has been given under section 42 with respect to any flat, the rights and obligations of the landlord and the tenant arising from the notice shall enure for the benefit of and be enforceable against them, their personal representatives and assigns to the like extent (but no further) as rights and obligations arising under a contract for leasing freely entered into between

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Jurisdiction(s):

United Kingdom

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