Access for section 42 Notice

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    Access for section 42 Notice

    Hi everyone,

    I received a section 42 notice but now the leaseholder is not giving access to my surveyor. What can I do.

    Any help will be most appreciated.

    #2
    Assuming your are the FH?

    Remind the LH they are legally obliged to pay your 'reasonable' legal and valuation costs, if you give them reasonable notice of the surveyor attending and they unreasonably don't give access they will be liable for the cost of the abortive visit and will also be delaying the process, do they want to extend or not.

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      #3
      Would them not allowing access affect the validity of their notice. How do they expect me to serve a counter if we cant get access.

      Is there any other enforcement I can take.

      Yes I am free Holder

      Comment


        #4
        TBH do you really need the surveyor to access the property to value it for lease extension purposes?

        Comment


          #5
          The freeholder also needs to know that there are no unauthorised alterations before he grants anything.
          Maybe not with a surveyor, but at least the floor plan of the flat is checked ( checking dimensions etc. ).

          Comment


            #6
            ram,

            Thank you. My worry is if the leaseholder completely refuses access then what should I do. The surveyor has said he can do a 'Desktop' valuation. I suppose that just means he will view it from the outside and give me a value.

            I would have throught the law allowed some sanctions against the leaseholder for refusing access.

            Comment


              #7
              The lease should allow the FH to access the property, although if the LH refuses access you have to get a court order.

              Ram makes a good point, if you grant a new lease extension then any existing breaches become waived, so you have to question why the LH is being difficult granting access, have they got something to hide?

              Comment


                #8
                Originally posted by mo999 View Post
                I received a section 42 notice but now the leaseholder is not giving access to my surveyor. What can I do.
                Be more specific?

                The landlord also has the right to inspect the flat for the purposes of a valuation, subject to 3 days written notice to the tenant.

                But.. personally I would be surprised any leaseholder went to the expense of a s42 process - needing a valuer and solicitor of their own - and being appraised of the legal deadlines and process involved, would wittingly withhold access to the freeholder to inspect the demise? I might be wrong.

                Per Lease...

                Procedures and Statutory Timelimits

                -leaseholder serves S41 Information Notice (discretionary)
                -Landlord must respond within 28 days
                -leaseholder serves S42 Tenant’s Notice
                -The “valuation date” will be fixed as the date of service of the S42 Tenant’s Notice
                -Landlord may request additional information, but he must do so within 21 days of receipt of the Tenant’s Notice
                -leaseholder’s must respond to his request within 21 days
                -Landlord must serve a Counter-Notice by the date specified in the notice. This date must be at least two months from the date of service of the Tenant’s Notice
                -Where the landlord fails to serve the Counter-Notice leaseholders must apply to court within six months for a vesting order
                -After service of the Counter-Notice either party may apply to the Tribunal). This must be done no sooner than two months from, but within six months of, the date of service of the Counter-notice

                I would caution that if the s42 process is at variance with the above and you intend to rely on an explanation that you sought access and were refused, you will need to have a paper trail that will stand up in tribunal.

                Have you contacted the lessee at all known/provided addresses/emails?

                Can you explain what exactly you have done, and where you are in the legal time line?

                Did the lessee use a solicitor to serve the notice and provide an 'address for service' or request your response to a specific address (email etc) ?

                Have you used a solicitor?
                Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

                Comment


                  #9
                  The counter notice can propose any figure you like. Even if the figure is wholly unreasonable it cannot make it invalid. if a section 42 notice proposes a unreasonable figure it can make the notice invalid.

                  You need only give 72 hours notice, if they fail to give your surveyor access they will be liable for the abortive costs. You then serve a counter notice stating a very protective figure and note on the counter notice that access was not given and that you will be seeking an inspection of the property later to be able to conclude negotiations. You will seek the additional surveyors costs.

                  Comment


                    #10
                    Thank you everyone. I will ask my solicitor to keep writing to keep a paper trail should we need it.

                    Thanks again.

                    Comment

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