Flat Extend Lease

All articles

Ashley Connell

Edited by Ashley Connell

Leasehold Enfranchisement Solicitor at Hetts

Section 45 Counter Notices in Lease Extensions

The Section 45 Counter Notice under the LRHUDA 1993 is a notice from a freeholder to a leaseholder, responding to a leaseholder's Section 42 notice in the process of leasehold extensions of flats. It signifies the landlord's response to a leaseholder’s intention to extend the lease, marking a critical point in lease negotiations. Understanding this legal document and its implications is essential for both leaseholders and landlords in navigating the complexities of property law.

The statutory section covering this notice can be found under Section 45 of the LRHUDA 1993

How to Respond to a Section 45 Counter Notice

Section 45 Notice

The contents and timing of the Section 45 Counter Notice are legally significant. Failure to respond within the stipulated two-month period can result in the leaseholder proceeding with the extension on their terms. Therefore, it is a critical document in the lease extension process.

The usual period of time period allowed to serve a section 45 notice is two months after the date of the Section 42 notice (a notice served by a leaseholder on the freeholder commencing the claim).

Key elements of a Section 45 Counter Notice

1. Deadline for Landlord's Response

The landlord must send a counter-notice to the tenant by the deadline specified in the tenant's initial notice.

2. Details on Proposals

If the landlord admits the tenant's right, the counter-notice must also address the tenant's proposals, specifying which are accepted or not, and provide counter-proposals where necessary.

3. Address for Notices

The counter-notice should include an address in England and Wales for further correspondence.

4. Binding Admission

An admission by the landlord in the counter-notice is legally binding, unless it was based on misleading information or hidden facts. It doesn’t resolve disputes about the specifics of the flat.