Yes — we regularly act for freeholders as well as leaseholders in lease extension claims. Having acted for both freeholders and leaseholders, we are well placed to negotiate balanced outcomes; while we acknowledge that much of the negative publicity around freeholders and ground rent investments reflects genuine concerns within the sector, we also recognise that many landlords — including charities, private individuals, companies, accidental freeholders, and housing associations — conduct themselves with honesty, transparency, and professionalism, which is why we are pleased to act for both freeholders and leaseholders. If you are a freeholder or landlord and have received a Section 42 Notice from one of your tenants, our team can guide you through the process from start to finish, ensuring your rights and interests are fully protected.
⚖️ What is a Section 42 Notice?
A Section 42 Notice is the formal document a leaseholder serves on their freeholder when starting a statutory lease extension claim under the Leasehold Reform, Housing and Urban Development Act 1993.
- It sets out the leaseholder’s proposed premium and terms for the lease extension.
- Once served, it creates strict legal deadlines and obligations on you, the freeholder, to respond by serving a counter-notice (Section 45 Notice) within two months.
- If you do not respond in time, the leaseholder may be entitled to the extension on their terms.
This is why it’s important to act quickly and get both legal and valuation advice as soon as you receive the notice.
🏢 How we help freeholders
At extension.lease, we combine specialist surveyors (Blakes Chartered Surveyors) and solicitors (Arcadia Law) to provide a seamless, joined-up service for freeholders:
- Valuation advice – assessing whether the premium proposed by the leaseholder is fair and calculating the true premium payable.
- Legal advice – preparing and serving your counter-notice, ensuring compliance with statutory deadlines, and safeguarding your position.
- Negotiation – representing you in discussions with the leaseholder’s team to secure the best possible outcome.
- Tribunal representation – if an agreement cannot be reached, we can act for you before the First-tier Tribunal (Property Chamber).
💰 What costs are recoverable from the leaseholder?
Under Section 60 of the 1993 Act, leaseholders are responsible for paying the freeholder’s reasonable professional costs associated with the lease extension, including:
- Your legal fees for preparing and completing the lease extension.
- Your valuation fees for determining the premium.
However:
- Costs relating to negotiation over the level of premium are not recoverable from the leaseholder.
- Any costs associated with Tribunal proceedings are only recoverable if the Tribunal makes a specific order.
This means that while your core professional fees are covered, you may need to fund the cost of extended negotiations or disputes.
✅ Why choose us?
- We act for both landlords and tenants, giving us insight into how each side approaches negotiations.
- We offer competitive fee arrangements for freeholders, designed to make the process efficient and commercially viable.
- With over 50 years of combined experience in leasehold enfranchisement, our partner firms are also members of the Association of Leasehold Enfranchisement Practitioners (ALEP), demonstrating our recognised expertise in this niche area of law.
Next steps
If you’ve received a Section 42 Notice, it is important not to delay. Strict time limits apply, and failure to respond properly could result in losing control over the terms of the lease extension.
📞 Contact us today or complete our enquiry form so we can review your notice and start protecting your position immediately.
