Section 42 Notice Template
Important: It is crucial that the notice served 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 make requests. 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.
A Section 42 Notice is the formal legal document that starts the statutory lease extension process under the Leasehold Reform, Housing and Urban Development Act 1993 ("the 1993 Act"). Once validly served, it commits both leaseholder and landlord to a strict statutory timetable, so every clause below needs to be accurate, complete, and correctly addressed. This guide, written from a practitioner's perspective, sets out exactly what each part of the notice must say and why it matters.
The Notice Header / Title
Quick answer: The Section 42 Notice must open with the exact heading "Notice of Claim", citing Section 42 of the Leasehold Reform, Housing and Urban Development Act 1993. This wording confirms the leaseholder's statutory claim to a lease extension.
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")
Getting this heading right matters more than it looks: a notice that fails to identify itself as a claim under Section 42 can be challenged as invalid, forcing you to start the process again from scratch and lose any negotiating momentum you had built up.
Define the Leasehold Property
Quick answer: The notice must state the full postal address of the leasehold flat being extended. This identifies the exact property to which the statutory claim applies.
Start the notice by stating the full address of the leasehold property:
In connection with the property known as [leasehold address]
Use the address exactly as it appears on your lease and Land Registry title, including flat/unit numbers. Any inconsistency here can be used by a landlord's solicitor to query whether the correct property has been identified.
Landlord's and Leaseholder's Details
Quick answer: The notice must name the competent landlord, any managing agent, and the leaseholder(s), together with full postal addresses for each. This ensures the notice is validly served on every relevant party.
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]
Identifying the correct competent landlord is one of the most common points of dispute. Where a property has an intermediate landlord (a headlessor), the competent landlord is usually whoever holds the freehold or the most superior lease with more than 21 years unexpired — not necessarily the party who collects your ground rent. If you are unsure, a Land Registry search of the freehold and any intermediate titles will confirm who should be served.
The Wording of the Notice
Quick answer: The operative wording confirms the flat's address and the freehold property covered by the claim. It formally invokes Part I, Chapter II of the 1993 Act.
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].
Where the freehold covers a larger building or estate than just your block, describe the freehold property precisely (for example, by reference to the title plan) so there is no ambiguity about which building the claim relates to.
The Particulars of the Lease
Quick answer: This section records the original lease's date, parties, term granted, commencement date, and property description. These details prove the leaseholder holds a qualifying long 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]
Expert tip: Copy these particulars directly from your original lease deed, not from a solicitor's summary or a later deed of variation. If the lease has been varied or assigned since 1950, list the original grant here and mention any variations separately so the landlord can verify title easily.
Eligibility
Quick answer: There is no minimum period of ownership required to qualify for a lease extension. You must simply hold a qualifying long lease and be the registered proprietor of the flat.
Confirm that you are eligible; there is no minimum period of ownership required to claim a lease extension:
4. I am the registered proprietor of the Flat under a qualifying long lease. I have been named on the Land Registry Proprietorship Register since [date].
Under the Leasehold and Freehold Reform Act 2024, the previous 2-year ownership requirement was abolished, so you can serve a Section 42 Notice from the day you complete your purchase and are registered as proprietor. You must still hold a "qualifying lease" — generally a lease originally granted for a term of more than 21 years.
The Offered Terms
Quick answer: The notice proposes a premium and statutory terms under Schedule 13, including a nil ground rent and a lease term extended by 90 years. These are starting positions, not final figures.
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]
Expert tip: The premium you offer is a genuine opening offer, not just a formality — instruct a RICS-qualified valuer with lease extension experience beforehand. An offer pitched too low can needlessly antagonise the landlord and slow negotiations; one pitched too high can overpay if the landlord simply accepts it.
Address for Landlord to Respond
Quick answer: The leaseholder names their appointed solicitor or agent and gives an address for service of the landlord's counter-notice. This ensures correspondence reaches the correct representative.
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].
Once you have appointed a solicitor, all further correspondence — including the landlord's counter-notice — should be addressed to them rather than to you directly, keeping the process professionally managed from the outset.
Deadline for Landlord to Respond
Quick answer: The landlord must serve a Section 45 counter-notice by a deadline set at least 2 months and 3 days after service of the Section 42 Notice. This is a strict statutory minimum, not a suggestion.
You must inform the landlord of the 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:
8. You must respond to this notice by serving a counter-notice under Section 45 of The Act by [date at least 2 months and 3 days in advance].
The extra 3 days is a safety margin that accounts for deemed postal service; setting the deadline any shorter than the statutory minimum risks the notice — or the deadline itself — being challenged as invalid.
Landlord Must Copy In Any Other Party to the Lease
Quick answer: The landlord must send a copy of its counter-notice to any other party known or believed to be a competent or other landlord of the flat. This keeps every interested party informed.
Remind the landlord to send a copy of any reply to any relevant party:
9. You must send a copy of your response 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.
This clause protects you where the freehold sits above one or more intermediate leases. It ensures every landlord in the chain of title is kept aware of the claim, reducing the risk of a dispute later about who should have been consulted.
Sign and Date the Notice
Quick answer: The notice must be signed and dated by the leaseholder, or by an agent/solicitor holding a valid Power of Attorney. An unsigned or undated notice risks being invalid.
Don't forget that the notice must be signed and dated to be valid. An agent or solicitor can only sign on behalf of the leaseholder under a valid Power of Attorney:
Signed by:
Date:
Where the flat is owned jointly, every registered proprietor must sign the notice (or be represented under a valid Power of Attorney). Missing a joint owner's signature is one of the most frequent, and most easily avoided, drafting errors.
How to Serve a Section 42 Notice Correctly
Quick answer: Serve the notice on the competent landlord at their registered or last-known address by recorded delivery, or by hand, and always keep proof of service. Incorrect service is one of the easiest ways to invalidate an otherwise well-drafted notice.
The notice should be sent via recorded delivery to provide proof of postage. Where the landlord's address for service has been registered with the Land Registry or notified to leaseholders under the Landlord and Tenant Act 1987, use that address. If the landlord's address is unknown, further research — such as a Land Registry title search or, in rare cases, an application for a vesting order — may be required before the notice can be validly served.
Expert tip: Keep the certificate of posting, tracking confirmation, and a copy of the signed notice together in one file. If the landlord later disputes receipt, this evidence is what protects your statutory timetable.
What Happens After You Serve the Notice
Quick answer: The landlord must serve a counter-notice admitting or disputing the claim, after which the premium and terms are negotiated. If agreement can't be reached, either party can refer the matter to the First-tier Tribunal (Property Chamber).
Once served, the notice creates a binding contract-like relationship between you and the landlord, governed entirely by the statutory timetable in the 1993 Act:
- Counter-notice: the landlord responds by the deadline you set, admitting the claim, disputing eligibility, or admitting it subject to different proposed terms.
- Negotiation: if the claim is admitted, the premium and terms are usually negotiated directly between surveyors.
- Tribunal referral: unresolved disputes over the premium or terms can be referred to the First-tier Tribunal (Property Chamber) for determination.
- Completion: once terms are agreed or determined, the landlord and leaseholder complete the new lease and the premium is paid.
Throughout this process you remain liable for the landlord's reasonable valuation and legal costs (though not their tribunal costs), so it is worth budgeting for this alongside the premium itself.
Common Mistakes to Avoid When Serving a Section 42 Notice
Quick answer: The most frequent errors are serving on the wrong landlord, an unrealistic premium, incomplete lease particulars, a missing signature, and a counter-notice deadline shorter than the statutory minimum. Any of these can render the notice invalid or weaken your negotiating position.
- Serving on the wrong landlord: failing to identify the correct competent landlord, especially where there are intermediate leases.
- Inaccurate lease particulars: copying details from a summary rather than the original lease deed.
- An unrealistic premium: offering a figure with no valuation evidence behind it, which can undermine credibility with the landlord's surveyor.
- A short counter-notice deadline: setting less than 2 months and 3 days, which can be challenged as non-compliant.
- Missing signatures: not every joint proprietor has signed, or an agent has signed without a valid Power of Attorney.
- Poor proof of service: not retaining evidence of when and how the notice was served.
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 — Key Requirements at a Glance:
| Clause | Requirement | Must State |
|---|---|---|
| 1 | Flat address | Full address of the leasehold flat |
| 2 | Freehold property | Address of the freehold property covered by the claim |
| 3 | Lease particulars | Lease date, parties, term granted, commencement date |
| 4 | Eligibility | No minimum ownership period; must hold a qualifying long lease and be registered proprietor |
| 5 | Premium offered | Proposed premium for the new lease |
| 6 | Statutory terms | Nil ground rent, landlord's fees, +90 years added to the term |
| 7 | Agent/solicitor | Name and address for service of the counter-notice |
| 8 | Response deadline | Date for counter-notice (minimum 2 months + 3 days) |
| 9 | Copy to other landlords | Confirmation other known landlords will be copied in |
Section 42 Notice — Key Deadlines at a Glance:
| Stage | Who Acts | Typical Timeframe |
|---|---|---|
| Serve the Section 42 Notice | Leaseholder | Any time — no minimum ownership period |
| Serve the counter-notice | Landlord | By the deadline set (min. 2 months + 3 days from service) |
| Negotiate premium and terms | Both parties / surveyors | Typically a few weeks to several months |
| Refer unresolved disputes to Tribunal | Either party | If terms cannot be agreed after the counter-notice |
| Complete the new lease | Both parties | Once terms are agreed or determined |
