Section 42 Notice Template

Important - It is important that the notice on the landlord is drafted correctly. We strongly recommend that you ask a solicitor with experience in lease extensions to prepare the notice. Not only can errors prove costly, but service of the notice also puts obligations on the tenant should the landlord request. Please see our page on Section 42 Notices for more information on this. We have provided this section 42 notice template for information purposes only, take legal advice before submitting any legal notice.

The notice header / title

The header of the notice should include the following wording:

NOTICE OF CLAIM
This notice is for an extension to the term of a lease under the Leasehold Reform, Housing And Urban Development Act 1993 section 42 ("The Act")



Define the leasehold property

Start the notice by stating the full address of the leasehold property:

In connection with the property known as [leasehold address]



Landlord's and leaseholder's details:

State the name(s) and address of the competent landlord, also any managing agent or any other party to the lease, as well as your full details:

To: [competent landlord's name and address]
and to: [name and address of any other party to the lease such as the managing agent]
From: [leaseholder's name(s) and correspondence address



The wording of the notice

We recommend using the following wording to commence the content of the notice:

You are notified that:
1 The address of the flat in respect of which I claim a new lease under the Leasehold Reform, Housing and Urban Development Act 1993 Part I, Chapter II is [leasehold address] ('the Flat').
2 The freehold property to which this notice of claim extends is [freehold address]



The particulars of the lease

Define the exact particulars of the original lease deed:

3 The particulars of my lease are:
Date: 01 January 1950
Parties: (1) [Original lessor name]
(2) [Original lessee name]
(3) [Original managing agent, if any]
Term granted: 99 years
Date of commencement of term: 01 January 1950
Property comprised in lease: [leasehold address]


Eligibility

State that you are eligible; you must have been a leasehold proprietor for at least 2 years:

4 I have owned the flat for [5] years. I have been named on the Land Registry Proprietorship Register since [date].



The offered terms

Put forward your offered premium:

5 I propose to pay a premium for the grant of a new lease in the sum of [£XX,XXX.XX]
6 In accordance with the Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13 I also propose the following terms:
(a) Ground rent reduced to nil
(b) Landlord fees of [£450 plus VAT]
(c) The new lease term to run for a period of [189] years from [1950]



Address for landlord to respond

Usually a solicitor will be appointed and the landlord should be informed of this appointment and their details:

7 I appoint my agent, [name / solicitor], to act for me in connection with this matter.
The address to which any notice to me should be made under The Act is [solicitor's address].



Deadline for landlord to respond

You must inform the landlord what deadline you have set for a response. As mentioned previously, you need to provide a minimum of 2 months from the date of deemed receipt of the section 42 notice:

09 You must respond to this notice by serving a counter-notice under Section 45 of The Act section 45 by [date at least 2 months 3 days in advance].



Landlord must copy in any other party to the lease

Remind the landlord to send a copy of any reply to their notice to any relevant pary:

10 You must send a copy of your respond to this notice to any person or company who is known or believed by you to be a competent or other landlord of the Flat.



Sign and date the notice

Don't forget that the notice must be signed and dated to be valid. An agent / solicitor can only sign on behalf of the leaseholder under a valid Power of Attorney:

Signed by:
Date:



The notice should be sent via recorded delivery to provide proof of postage. An example section 42 notice is shown (blurred out for confidentiality reasons) below.

Section 42 Notice Template