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Our solicitors can draft and serve a Section 42 notice within a strict deadline to extend the lease and ensure it complies with legal requirements.

For drafting and serving the Section 42 Notice to extend the lease, call our lease solicitors in London on 0203 959 7755 for free initial advice.

Table of Contents

What is a Section 42 Notice?

A Section 42 Notice is a formal notice served to the Freeholder to extend the lease under the Leasehold Reform, Housing, and Urban Development Act 1993.

It allows leaseholders to initiate the process of extending their lease by up to 90 additional years while reducing the ground rent to a nominal "peppercorn" rent.

To be eligible to extend your lease, you must be a "qualified leaseholder," which means you have owned the property for at least two years, and the original lease was for more than 21 years.

What is the Section 42 lease extension process?

The Section 42 lease extension process in the UK involves several steps:

  1. Eligibility Check: The leaseholder must have owned the property for at least 2 years. The lease must have more than 21 years left.
  2. Serve Section 42 Notice: The leaseholder must send a formal Section 42 notice to the freeholder. This notice asks for the lease extension and suggests terms.
  3. Freeholder's Response: The freeholder has 2 months to reply. They can agree to the terms or make a counter-offer.
  4. Negotiation: Both sides will discuss the terms. If they agree, a deed is created.
  5. Valuation and Dispute Resolution: If no deal is made, either side can go to a tribunal. This is to settle any disputes, like the premium.
  6. Complete the Agreement: After agreeing, the lease extension is made official with a signed new lease.
  7. Pay the Premium: The leaseholder then pays the agreed premium to the freeholder.
  8. Register the New Lease: The lease extension is then registered with the Land Registry.

What must be included in the Section 42 notice?

A Section 42 notice should have:

  • The leaseholder's details and the property address.
  • A statement saying the leaseholder wants to extend the lease.
  • The proposed terms of the extension, including the suggested premium.
  • A request for the freeholder’s agreement to the terms.
  • A deadline for the freeholder's response (within 2 months).

How to serve the Section 42 notice?

The notice must be written and given to the freeholder. It can be:

  • Hand-delivered to the freeholder’s address.
  • Sent by post with proof of delivery, like recorded delivery.
  • If the freeholder is a company, the notice must go to their registered office.

What happens after I serve the Section 42 notice?

After serving the notice, the freeholder has 2 months to respond:

  • They might accept the terms.
  • They might offer a different deal.
  • If no response is received in 2 months, the leaseholder can ask the First-tier Tribunal for a decision.

How long does the Section 42 lease extension process take?

The lease extension process via a Section 42 Notice typically takes 4 to 12 months, though the timeline may vary based on the complexity of the case.

The process involves several steps that can take months:

  • Getting valuation advice.
  • Serving a Section 42 Notice.
  • Waiting for the freeholder’s counter-notice (Section 45), which must be issued within two months.

After the counter-notice, negotiations usually last two months. If no deal is made, the case might go to the Leasehold Valuation Tribunal. This could make the process take over a year.

What is the deadline for serving a counter-notice response to a Section 42 Notice?

The landlord or freeholder has a strict timeline and must serve the counter-notice (Section 45) within two months of receiving the Section 42 Notice.

If the landlord does not respond within the specified time, the leaseholder can apply to the First-Tier Tribunal to proceed with the lease extension under the proposed terms.

How much does it cost to extend a lease using a Section 42 Notice?

Extending a lease using a Section 42 Notice can cost between £5,000 to £20,000 including the premium, valuation fees, legal fees, and freeholder’s expenses.

The cost of a lease extension can vary significantly based on factors such as the property's value, lease length, and how complex it is. Costs can rise if you need to go to a tribunal or if the property is very valuable.

What fees are involved in extending a lease under Section 42?

Extending a lease via a Section 42 Notice typically involves the following fees:

  1. Lease Premium: Payment made to the freeholder.
  2. Valuation Fees: For determining the lease extension value.
  3. Legal Fees: For preparing and serving the notice.
  4. Stamp Duty Land Tax (SDLT): Applicable on higher premiums.
  5. Tribunal Fees: If disputes require resolution.

Should I hire a solicitor to serve the Section 42 Notice?

Yes, it is strongly recommended to hire a leased solicitor to draft and serve the Section 42 Notice to ensure accuracy and compliance with legal requirements.

A Section 42 notice needs to be carefully written and follow legal guidelines. It's best to get legal advice or use a solicitor who knows about lease extensions. This ensures the notice is valid and includes all needed details.

If you have any questions about lease extension, don't hesitate to contact us today at 0203 959 7755 or through our online contact form.

The benefits of choosing Moeen & Co. Solicitors

  • Top-quality advice from experienced lease extension solicitors.
  • A proactive approach to finding cost-effective solutions for your business.
  • A client-focused service tailored to your unique needs.
  • Clear communication and transparency throughout the lease extension process.
  • Expert guidance and support throughout the lease extension process.
  • Our lease solicitors provide legal services on a fixed fee basis without blowing your budget and with no hidden costs.
  • We are authorised and regulated by the Solicitors Regulation Authority (SRA), so you know you are in safe hands.

How much do solicitors charge for a lease extension using Section 42 Notice?

Our lease solicitors in London offer a fixed fee between £1,000 and £1,500 for legal services related to drafting the Section 42 Notice for lease extensions.

By choosing our fixed fee services, you can have the peace of mind that there will be no hidden costs or surprises. We believe in transparency and making the lease extension process as smooth as possible.

Contact lease extension solicitor

If you are looking for a solicitor to extend your lease using  Section 42 Notice, please call us today at 0203 959 7755 or email us at info@moeenco.com.

There are several ways to contact our solicitors based in Hayes, London:

We are located near Hayes and Harlington Station on Hayes High Street, in Hayes Town Centre. 

Legal Disclaimer

The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.

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