Section 42 Notice: Your Complete Step-by-Step Guide

Everything you need to know about serving a Section 42 notice to extend your flat lease — the formal process, key deadlines, required content, and what happens if negotiations fail.

What Is a Section 42 Notice?

A Section 42 notice is the formal legal document you serve on your freeholder to initiate the statutory lease extension process for a flat. Named after Section 42 of the Leasehold Reform, Housing and Urban Development Act 1993, it is the official starting gun of the entire enfranchisement procedure.

Why the Notice Date Matters So Much

Once served correctly, the Section 42 notice fixes the valuation date. The premium is calculated based on property values and lease length at the date of service — not at the later completion date. If your property rises in value during negotiations, you still pay based on the earlier, lower value. Serving the notice early is almost always the right strategy.

Serving a Section 42 notice early locks in your premium calculation date and protects you from property price inflation during the 6–12 month negotiation period.

What the Notice Must Contain

• Your full name and address as leaseholder
• Full address and description of the property
• Details of the existing lease including parties, date, and original term
• The proposed premium you are willing to pay
• The proposed terms of the new lease
• A response date for the freeholder, minimum 2 months from service

An incorrectly drafted or served notice can be invalid. Always instruct a specialist solicitor to draft and serve it.

If Negotiations Fail

Either party may apply to the First-tier Tribunal (Property Chamber) for a determination. The Tribunal hears evidence from both surveyors and issues a binding decision. This adds 12–18 months and significant cost, but is sometimes necessary when freeholders are unreasonable.