What Is a Section 42 Notice?

Shilpa Mathuradas

This guide explains what a section 42 notice is, what it must contain, how to serve it correctly, and what happens if something goes wrong. Whether you are preparing to serve a notice or you have already received a counter-notice from your landlord, understanding the process is essential to protecting your position.

If you have recently purchased a leasehold property and are considering a lease extension, read on.

What is a section 42 notice?

A section 42 notice — formally known as a “tenant’s notice of claim” — is the document a qualifying leaseholder serves on their freeholder (landlord) to formally begin the statutory lease extension process under the Leasehold Reform, Housing and Urban Development Act 1993.

Once served, the notice triggers a tightly regulated procedure. The landlord must respond within two months by serving a counter-notice under section 45, either admitting the claim or disputing it. If the landlord fails to respond in time, you can apply to the county court for an order requiring them to grant the lease extension on the terms you proposed.

The notice is the foundation of the entire process. Everything that follows — the negotiation, the tribunal application if needed, the eventual new lease — rests on a valid section 42 notice being served correctly. As a leaseholder, understanding your rights as a leaseholder is essential before beginning this process.

Who can serve a section 42 notice?

To serve a valid section 42 notice, you must be a qualifying tenant. This means you must:

• Hold a long lease (originally granted for more than 21 years)
• Own the leasehold interest in a flat (houses have a separate regime under the Leasehold Reform Act 1967 — see leasehold enfranchisement for buying the freehold)
• Have been registered at HM Land Registry as the owner before serving the notice

Importantly, since 31 January 2025 the previous two-year ownership requirement has been abolished by the Leasehold and Freehold Reform Act 2024. New owners can now serve a section 42 notice immediately after becoming the registered owner at Land Registry — you no longer need to wait two years.

There are some exclusions: for example, if the building is a converted house and your landlord owns fewer than four other flats in it, you may not qualify. A solicitor can advise you on your specific circumstances.

What must a section 42 notice contain?

This is where many notices go wrong. The 1993 Act sets out strict requirements for what the notice must include. Under section 42(3), the notice must specify:

• The full name of the tenant and the address of the flat
• Details of the lease under which the flat is held (including the date, parties, and term)
• The proposed premium you are willing to pay for the extension — use our leasehold extension calculator to calculate the likely premium
• Any other proposed terms (such as proposals for the new lease)
• The name and address of any third party with an interest (such as a mortgage lender)
• A date — not less than two months from the date of service — by which the landlord must respond with a counter-notice

The notice must also be served on all intermediate landlords, not just the freeholder. If there is a head lessee between you and the freeholder, they must also receive the notice.

Missing or inaccurate information can be fatal to the claim. In Speedwell Estates Ltd v Dalziel [2001] EWCA Civ 1277, the Court of Appeal confirmed that a notice lacking required particulars can be invalidated entirely — meaning the leaseholder has to start again, pay the landlord’s costs, and wait at least 12 months before serving a fresh notice.

How do you serve a section 42 notice?

Serving the notice correctly is as important as getting the content right. The following steps apply:

1. Instruct a specialist solicitor — given the strict requirements and consequences of error, this is not a process to attempt without legal advice
2. Obtain a valuation — your solicitor will typically recommend instructing a specialist surveyor to advise on the appropriate premium to propose in the notice
3. Identify all recipients — your solicitor will check the title register to identify the freeholder and any intermediate landlords
4. Serve the notice — the notice must be served in accordance with the Landlord and Tenant Act 1927, typically by hand, first class post, or recorded delivery to the landlord’s last known address

It is important to keep a clear record of service. If the landlord later disputes that the notice was received, you will need to prove it was properly served.

What happens after the section 42 notice is served?

Once you serve the notice, the following timetable applies:

• Within 2 months: The landlord serves a counter-notice under section 45, either admitting the claim or disputing your right to extend
• Within 6 months of the counter-notice: If the parties cannot agree on the premium or terms, either side can apply to the First-tier Tribunal (Property Chamber) to determine the terms
• Within 2 months of the tribunal’s determination (or agreement between parties): The new lease must be executed

If the landlord admits the claim but disputes the premium, negotiations begin. The majority of cases settle through negotiation without the need for a tribunal hearing. Any ongoing disputes with your freeholder over service charges or other matters can often be resolved at the same time.

If the landlord fails to serve a counter-notice within two months, you can apply to the county court for an order granting the lease extension on your proposed terms — a significant advantage if your proposed premium was reasonable.

What happens if the section 42 notice is defective?

A defective notice is one of the most costly mistakes in the lease extension process. If the notice does not comply with the requirements of the 1993 Act, the landlord can apply to have it declared invalid.

The consequences are serious:

• The claim is treated as withdrawn
• You must pay the landlord’s reasonable costs up to the date of withdrawal — solicitors’ fees, valuation fees, and any other costs they have incurred
• You cannot serve a new notice for 12 months
• If your lease is short, the delay could reduce its value significantly — increasing the premium you will eventually need to pay. In the most serious cases, a landlord may seek forfeiture of lease for other breaches during this period

Common defects include:

• Incorrectly naming the tenant or the property
• Errors in the lease details (dates, parties)
• Proposing a premium of £0 or a nominal amount with no genuine basis
• Failing to serve all intermediate landlords
• Setting a response date of fewer than two months

The courts have taken a strict approach to defective notices. In Willingale v Globalgrange [2000] 2 EGLR 55, the Court of Appeal confirmed that where the conditions for an order are met, the court does not have discretion to refuse — emphasising how critical it is to get the notice right from the outset.

Can a defective section 42 notice be saved?

In some cases, it may be possible to argue that an error in the notice is not a fatal defect but merely an “inaccuracy” that a reasonable recipient would not be misled by. The 1993 Act contains a saving provision that allows certain inaccuracies to be overlooked if they would not have caused prejudice to the landlord.

However, this is uncertain territory. Whether an error is a fatal defect or a curable inaccuracy depends on the specific circumstances and the courts have not always been consistent. It is always better to serve a correct notice than to rely on this provision.

If you have already served a notice and are concerned it may be defective, seek urgent legal advice. There may still be options available to you depending on whether the landlord has taken any steps in response.

Can you assign a section 42 notice?

Yes — under section 42(7) of the 1993 Act, the benefit of a section 42 notice can be assigned to a buyer when the flat is sold during the lease extension process. This means that if you sell your flat after serving the notice, the buyer can step into your shoes and continue the claim.

This is an important feature for buyers purchasing a flat where a lease extension is already in progress. The assignment must be carried out properly as part of the conveyancing process — your conveyancing solicitor will need to ensure the assignment documentation is correct.

What is the Leasehold and Freehold Reform Act 2024 and how does it affect section 42 notices?

The Leasehold and Freehold Reform Act 2024 is the most significant leasehold reform in decades. While it is being brought into force in stages, the changes already in effect include:

• No two-year ownership requirement (since 31 January 2025) — new owners can serve immediately
• Enhanced right to manage provisions (from 3 March 2025)

Further provisions — including changes to the way lease extension premiums are calculated — are expected to come into force in due course. The reforms are intended to make the lease extension process cheaper and more accessible for leaseholders.

If you are considering serving a section 42 notice, it is worth taking advice on how the current and forthcoming changes may affect your position, particularly in relation to the premium calculation.

How we can help

Osbornes Law’s property litigation team has extensive experience advising leaseholders on statutory lease extensions, including serving and defending section 42 notices, negotiating with freeholders, and representing clients before the First-tier Tribunal.

Whether you are just beginning the process, have concerns about a notice you have already served, or are dealing with a defective notice situation, our specialist solicitors can guide you through every stage. We also advise on lease extension negligence claims where errors by a previous solicitor have caused loss.

Contact us by calling 020 7485 8811 or filling in our online enquiry form.

Frequently asked questions

How long does the section 42 notice process take?

The statutory process typically takes six to twelve months from service of the notice to completion of the new lease, assuming the parties can reach agreement on the premium. Contested cases before the First-tier Tribunal can take longer.

What premium should I propose in the section 42 notice?

The premium you propose should be based on a specialist surveyor’s valuation. Proposing a nominal amount (such as £0) without proper basis can invalidate the notice. Your solicitor and surveyor will work together to propose a realistic figure.

Can I serve a section 42 notice myself?

Technically yes, but it is strongly inadvisable. The formal requirements are strict, the consequences of error are severe (costs liability and a 12-month bar), and specialist legal advice is almost always worth the cost relative to the risk of getting it wrong.

What if my landlord ignores the section 42 notice?

If the landlord fails to serve a counter-notice within two months, you can apply to the county court for an order requiring them to grant the lease extension on your proposed terms. You should take legal advice promptly if this happens.

Does the 2024 leasehold reform change how section 42 notices work?

The core process remains the same for now. The main immediate change (since January 2025) is that you no longer need to have owned the property for two years before serving the notice. Further changes to premium calculations are expected but not yet in force as of early 2026.

What is the difference between a section 42 notice and a section 45 counter-notice?

A section 42 notice is served by the tenant to initiate the lease extension claim. A section 45 counter-notice is served by the landlord in response, either admitting the claim or disputing the right to extend.