how to reject s.42 notice

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    how to reject s.42 notice

    Freeholder received s.42 claim for lease extension. The time to respond with counterclaim is almost up.
    Not using lawyers.
    The leaseholder suggested a really low value and made some errors in the claim.
    The freeholder wants to reject the s.42 on grounds of stupid low offer and get it dismissed. How?
    Can freeholder respond with - I think - a s.45 counterclaim - rejecting outright the claim? And that is enough? Or does the freeholder have to apply to court separately to ensure the s.42 is invalid, rejected, and to ensure no new claim can be made within the next 12 months?
    Thanks

    #2
    What amounts to a very low claim such that it make it invalid is a moot point.

    It you regard the claim as invalid the lessee can immediately serve another, so I am not sure there is a great advantage in so doing. The 12 month rules applies if a valid notice is served and the lessee withdraws. The 12-month rule would not apply if the notice is invalid

    Perhaps you should consider regarding the notice as valid EXCEPT for the premium proposed and put down what you think is the correct premium. There are various points you need to consider in the counter notice. They are set out in Section 45



    Comment


      #3
      An invalid notice is not a notice , it is just a simple letter and doesn't need to be "declared invalid" by a court.

      Comment


        #4
        Just one question - how does the lessee officially withdraw? Are they supposed to follow up their s42 with a legal retraction or a simple letter saying they withdraw?

        Comment


          #5
          A simple letter referring to the offer they made and stating that they wish to withdraw it.

          Until they do they are still liable for certain costs you may incur, such as a valuation by a surveyor and the solicitors costs in verifying that the notice is valid

          Comment


            #6
            thanks for that sgclacy. Its all very complicated and confusing. just to clarify - that if they decided to withdraw that's when they can't serve again for another 12months?

            Comment

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