I have obtained a valuation for a new lease and I now want to make a formal application. How do I do this?

by The Chartered Surveyor

Question

I have obtained a valuation for a new lease under the terms of The Leasehold Reform, Housing and Urban Development Act 1993 and I now want to make a formal application. How do I do this?

Answer

Chapter II of Part I of The Leasehold Reform, Housing and Urban Development Act 1993 deals with rights of a lessee to apply for a new lease.  In simple terms the lessee has to serve a notice on the landlord in accordance with Section 42 of the Act.  There is no prescribed form for the notice but it must contain the following information:-

  • The full name of the lessee(s) (tenant(s)) and the address of the flat.
  • Contain sufficient particulars of the flat to identify the property to which the claim extends.
  • Contain particulars of the tenant’s lease, including the date it was entered into, the term for which it was granted and the date of commencement of the term.
  • Specify the premium which the tenant proposes to pay.
  • Specify the terms which the tenant proposes should be contained in the new lease.
  • State the name of the person (if any) appointed by the tenant to act for them in connection with this claim and an address in England or Wales at which notices may be given to such a person.
  • Specify the date by which the landlord must respond to the notice. (The date must not be less than 2 months after the date the notice is given.)
  • Be personally signed by the tenant or each joint tenant.

The Act makes reference throughout to the terms ‘Landlord’ and ‘Tenant’ and this is largely due to the somewhat archaic usages of English law.  Generally ‘tenant’ will refer to the lessee and ‘landlord’ to the freeholder.

One factor that is often overlooked is that the notice by signed personally by the lessee(s).  Even if you employ an agent to act on your behalf they cannot sign the notice for you.

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