Lease Extension - Counter Notice Date

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    Lease Extension - Counter Notice Date


    Just over two months ago, I served a Section 42 notice on my landlord, specifying today as the deadline for a reply. (I just used a fill-in-the-blank form from a legal stationers.) Since then, the landlord has sent around a valer to survey my flat and taken the 10% deposit from me, but hasn't served me with a section 45 counter notice yet.

    On the off chance that the landlord's counter notice isn't in today's post, my question is what exactly does the deadline mean, and when could I apply to the court for a default extension under section 49? Is it:

    - the date by which I must receive a counter notice, therefore I can apply the following day?
    - the date by which the landlord has to send a counter notice, therefore I can apply the following day if I don't receive anything in that day's post?
    - something else?

    And also, one final question. If the landlord does respond after the deadline, but before I make the court application, would I then still be entitled to apply to the court?

    Thanks for any answers - I would direct these questions to my conveyancing solicitor, but he's on leave for a few more days, so I want to check whether it's essential to act now.

    You can download a free guide on lease extension procedure from

    You need to consult a solicitor who specialises in lease extension under the L&T Act. A conveyancing solicitor may not have adequate experience .


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