Serving a Section 42 notice to extend your lease

A Section 42 notice triggers your legal right to extend the lease by 90 years and reduce the ground rent to a peppercorn. But it's not just a formality. These notices come with strict legal requirements, and if completed incorrectly, can set you back months and cost you more in the long run.

Here's how it works — and why it's worth getting expert help.

What is a Section 42 notice?

A Section 42 notice is a formal written notice served by a leaseholder (the flat owner) on the freeholder, or head lessee (also known as the landlord) under the Leasehold Reform, Housing and Urban Development Act 1993.

Serving the notice kickstarts the statutory lease extension process. Once it's served, the freeholder is legally required to respond within a set timeframe, and both parties must then follow a structured legal process to agree terms.

Who can serve a Section 42 notice?

To qualify, you must:

• Own a long lease (original term over 21 years)
• Previously, you had to have owned the flat for at least two years; however, since 31 January 2025, this requirement has been removed. New owners can now start the lease extension process immediately after becoming the registered owner.

What needs to be included?

The notice must include key details, such as:

• Your full name and address
• The property address and title number
• The premium you propose to pay for the lease extension
• The number of years left on the current lease
• The name and address of your representative (usually your solicitor)
• A date by which the freeholder must respond — this must be at least two months from the date the notice is served

If the notice is incomplete or contains errors, it may be deemed invalid. That's why leaseholders usually instruct a solicitor and a valuation expert before serving the notice.

What happens next?

Once the Section 42 notice is served:

• The freeholder must respond with a Section 45 counter-notice within two months
• The parties then negotiate the terms of the lease extension, particularly the premium
• If an agreement can't be reached, either party can apply to the First-tier Tribunal for a determination

Most lease extensions are agreed during negotiation, but the formal process protects the leaseholder from unreasonable delay or outright refusal.

How long does the process take?

Even with a smooth negotiation, lease extensions usually take several months. The formal process has built-in deadlines, but it still requires:

• A lease extension valuation
• Solicitor correspondence
• Registration with HM Land Registry

Getting the Section 42 notice right from the start can avoid delays and save significant costs.

Can the process be withdrawn or restarted?

Yes — but with conditions. You can withdraw your Section 42 notice at any time, although you may still be liable for the landlord's legal and valuation costs along with your own. If your notice is withdrawn or deemed invalid, you may have to wait 12 months before serving another one — unless the landlord agrees otherwise.

Why getting it right matters

Serving a Section 42 notice is a legal step with consequences. Get it wrong, and you risk:

• Starting over from scratch
• Losing negotiation leverage
• Paying more if your lease falls below 80 years in the meantime

An experienced solicitor will ensure your notice is correctly prepared and served, protecting your rights and keeping the process on track.

Need help with a Section 42 notice?

We act for leaseholders nationwide, helping you understand your options and secure fair lease extension terms. Our solicitors handle both formal and informal extensions, providing clear advice and fixed fees from the outset.

Get in touch to speak with our lease extension team.