Canterbury & Kent

Section 42 Lease Extension Notices

How a Section 42 notice starts a statutory lease extension, what it must contain and the deadlines that follow. RICS leasehold valuers in Kent.

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A section 42 notice is the document that starts a statutory lease extension. It is served by the leaseholder on the competent landlord under the Leasehold Reform, Housing and Urban Development Act 1993, and it is the step that fixes your rights: the valuation date, the 90-year extension, the peppercorn ground rent, and the landlord’s obligation to respond. Get it wrong and the notice can be invalid, which means starting again and waiting another twelve months before you can serve a fresh one.

Who can serve one

You must have owned the flat for at least two years, and the lease must originally have been granted for more than 21 years. You do not have to have lived there. If the flat is jointly owned, all the legal owners serve together. If the previous owner died, the personal representatives can serve within two years of the grant of representation without waiting a further two years.

What the notice must contain

• The full name of the tenant and the address of the flat.
• Enough of the lease particulars to identify it — date, parties, term.
• The premium proposed, which must be a genuine, realistic figure. A deliberately low opening number risks the notice being struck down as invalid.
• The terms proposed for the new lease.
• The name and address of the tenant’s UK agent for service.
• The date by which the landlord must serve a counter-notice, which cannot be less than two months from service.

Why the proposed premium matters

The figure in the notice is not just an opening bid. It has to be a realistic proposal, and it also sets the bottom of the range the tribunal can later award. This is why the valuation should be done before the notice is drafted, not after. We produce the valuation, give you a negotiating range, and put a defensible number in front of your solicitor.

What happens after service

The landlord has at least two months to serve a counter-notice admitting or disputing the claim. If the claim is admitted but the premium is not agreed, either party can apply to the First-tier Tribunal between two and six months after the counter-notice. If the landlord serves no counter-notice at all, you can apply to the county court for a lease on your proposed terms — which is one of the reasons landlords rarely miss the deadline.

Costs you take on by serving

Once the notice is served you become liable for the landlord’s reasonable valuation and legal costs, whether or not you complete. Withdrawing is possible but not free. That is another reason to have the valuation in hand before serving rather than after.

Section 42 valuations in Canterbury and Kent

We are RICS registered valuers acting for leaseholders throughout Canterbury, Whitstable, Herne Bay, Faversham, Ashford, Maidstone and Thanet. We value the claim, support your solicitor on the notice, negotiate with the landlord’s valuer, and act as expert if the premium goes to tribunal.

Frequently asked questions

How long does a section 42 claim take?

Six to twelve months is typical where the premium is agreed by negotiation; a tribunal reference adds several months.

Can I withdraw a section 42 notice?

Yes, but you remain liable for the landlord’s reasonable costs incurred up to that point, and you cannot serve another notice for twelve months.

What if I cannot find the freeholder?

You apply to the county court for a vesting order. An absentee freeholder does not stop the claim, it just changes the route.