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Section 42 notice served to my previous address

Section 42 notice served to my previous address

Postby vrybinski » Fri Dec 08, 2017 8:32 pm

Hi - newbie here looking for some advice

I am the freeholder of a property that consists of 2 maisonettes and recently discovered that a section 42 notice had been served to extend the lease however I never received the notice as I have since moved. It has been over 2 months since the notice was served.

I am unsure where I now stand in regards to the validity of the notice - should I have notified the tenant of my new address? It is also of note that the tenant has not paid ground rent for 5 years despite being taken to court.

I have asked for the advice of a solicitor but they want to charge a substantial amount - will the tenant be liable for my fees?
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Re: Section 42 notice served to my previous address

Postby atticus » Fri Dec 08, 2017 8:37 pm

Yes, you should have given that notification.

You will have primary and contractual liability to pay the solicitor. It is possible that after a hearing, and with the right result, another party may be ordered to reimburse all or part.
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Re: Section 42 notice served to my previous address

Postby theycantdothat » Sat Dec 09, 2017 9:55 am

vrybinski wrote:It is also of note that the tenant has not paid ground rent for 5 years despite being taken to court.


The tenant cannot require completion of the new lease until all outstanding recoverable rent has been paid. See section 56(3)(a) of the Leasehold Reform, Housing and Urban Development Act 1993: https://www.legislation.gov.uk/ukpga/1993/28/section/56
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Re: Section 42 notice served to my previous address

Postby dls » Tue Dec 12, 2017 2:39 pm

You need to check that the tenant was validly notified of your change of address.
When you enter into a lease you give an address which is you saying 'send everything here until I tell you different' If that is what was done (I do not know), then you have no complaint.
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Re: Section 42 notice served to my previous address

Postby 3.14 » Wed Dec 13, 2017 4:37 pm

Serving at the "Last known" address is normally a valid service.
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Re: Section 42 notice served to my previous address

Postby atticus » Wed Dec 13, 2017 4:51 pm

No, it is not.

The CPR makes specific rules about service of court process, and that is what you have in mind. It is not wise to extrapolate general rules from the CPR for use in areas not covered by the CPR.
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Re: Section 42 notice served to my previous address

Postby dls » Thu Dec 14, 2017 10:52 am

. . and leases in general explicitly specify the address to be used for such purposes.
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Re: Section 42 notice served to my previous address

Postby atticus » Thu Dec 14, 2017 10:53 am

as do many contracts
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