The Section 45 Notice, or Counter Notice, is the freeholder’s response to the Section 42 notice. On receipt of the Section 42 Notice, the freeholder has 2 months to prepare and send a Section 45 Notice back to the leaseholder, offering complete acceptance of the terms, complete rejection, or a counter proposal, including a revised premium and any other terms that they would like to include.
It is unusual, but sometimes the freeholder will accept the Section 42 notice and no Section 45 notice is required. To deny the tenant’s claim entirely, the freeholder must believe that the tenant is not eligible for a statutory lease extension.
In most cases, the Section 45 notice premium will be higher than the Section 42 notice premium, and at this stage the two surveyors will start the negotiation process to agree the premium. Once agreed, the matter is completed, provided the terms of the lease are also agreed.
The serving of the Section 45 Notice also starts the rest of the legislative timetable, such as a limit of 6 months to make a tribunal application and 2 months before the application can be made.
South East Leasehold assist freeholders and leaseholders across Sussex with leasehold extension and collective enfranchisement claims. Our team consists of in-house Solicitors and Chartered Surveyors, offering a uniquely effective opportunity to manage the process from start to finish, including valuations, Section 42 Notices and Section 45 Notices.
For more information about how our friendly team of professionals could assist with your property in London, Brighton or anywhere else in the South East, please call us on 0208 832 9069 or complete a form on our Contact Us page.