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England and Wales · Property Chamber

When can a tenant give a fresh section 42 notice after withdrawal?

The tenant proposing a further new-lease notice for the same flat. No subsequent notice within twelve months beginning with the governing event. Give any otherwise valid subsequent section 42 notice after the restricted period. Section 42(7) remains in the retained operative 1993 Act. The 2024 Act’s section 28 repeal is prospective in the retained official version. Removal of the separate two-year ownership qualification does not prove repeal of this restriction.

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Period
No subsequent notice within twelve months beginning with the governing event
Trigger
The withdrawal, deemed-withdrawal or section 47 order-finality event established under section 42(7)
Rule
Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)
Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)

Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8). Section 42(7) remains in the retained operative 1993 Act. The 2024 Act’s section 28 repeal is prospective in the retained official version. Removal of the separate two-year ownership qualification does not prove repeal of this restriction.

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When can a tenant give a fresh section 42 notice after withdrawal?

The tenant proposing a further new-lease notice for the same flat. No subsequent notice within twelve months beginning with the governing event. Give any otherwise valid subsequent section 42 notice after the restricted period. Section 42(7) remains in the retained operative 1993 Act. The 2024 Act’s section 28 repeal is prospective in the retained official version. Removal of the separate two-year ownership qualification does not prove repeal of this restriction.

Responsible actor. The tenant proposing a further new-lease notice for the same flat.

The withdrawal, deemed-withdrawal or section 47 order-finality event established under section 42(7)

Actual qualifying statutory notice and effective event established

Section 42(7) remains in the retained operative 1993 Act. The 2024 Act’s section 28 repeal is prospective in the retained official version. Removal of the separate two-year ownership qualification does not prove repeal of this restriction.

Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)

How does this provision count time?

  1. Include the governing event date in the twelve-month period. With a corresponding date, the first date outside the period is the following year’s corresponding date.
  2. Give any otherwise valid subsequent section 42 notice after the restricted period
  3. The twelve-month restriction runs from the established withdrawal, deemed withdrawal or final order event. Its anniversary identifies earliest eligibility for a later new-lease notice. A weekend does not turn that eligibility boundary into a carried filing deadline.

Include the governing event date in the twelve-month period. With a corresponding date, the first date outside the period is the following year’s corresponding date.

The twelve-month restriction runs from the established withdrawal, deemed withdrawal or final order event. Its anniversary identifies earliest eligibility for a later new-lease notice. A weekend does not turn that eligibility boundary into a carried filing deadline.

Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)

What do independently checked examples show?

Fictitious example

Fictitious actual source event. The withdrawal, deemed-withdrawal or section 47 order-finality event established under section 42(7) established on Tuesday, October 13, 2026. Give any otherwise valid subsequent section 42 notice after the restricted period. All selected source conditions are established unless this scenario expressly refuses them.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsFictitious actual source event. The withdrawal, deemed-withdrawal or section 47 order-finality event established under section 42(7) established on Tuesday, October 13, 2026. Give any otherwise valid subsequent section 42 notice after the restricted period. All selected source conditions are established unless this scenario expressly refuses them. Independently derived with Python calendar correspondence or counted calendar dates, without importing the application helper or engine.Wednesday, October 13, 2027
Example 2. Closed-day boundaryFictitious actual source event. The withdrawal, deemed-withdrawal or section 47 order-finality event established under section 42(7) established on Friday, October 2, 2026. Give any otherwise valid subsequent section 42 notice after the restricted period. All selected source conditions are established unless this scenario expressly refuses them. Independently derived with Python calendar correspondence or counted calendar dates, without importing the application helper or engine.Saturday, October 2, 2027
Example 3. Material procedural branchFictitious actual source event. The withdrawal, deemed-withdrawal or section 47 order-finality event established under section 42(7) established on Tuesday, October 13, 2026. Give any otherwise valid subsequent section 42 notice after the restricted period. All selected source conditions are established unless this scenario expressly refuses them. Independently derived with Python calendar correspondence or counted calendar dates, without importing the application helper or engine.The actual withdrawal, deemed withdrawal or specified final court-order event is not established. Check commencement before removing the restriction.
Example resultWednesday, October 13, 2027

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

Try these dates in the calculator

Which conditions and exceptions apply?

Applicable source condition 1
Actual qualifying statutory notice and effective event established
Applicable source condition 2
Corresponding terminal-month date exists and any other event is separately established
Applicable source condition 3
No imported tribunal calendar for a statutory court or notice boundary
Counting and completion
Include the governing event date in the twelve-month period. With a corresponding date, the first date outside the period is the following year’s corresponding date. The twelve-month restriction runs from the established withdrawal, deemed withdrawal or final order event. Its anniversary identifies earliest eligibility for a later new-lease notice. A weekend does not turn that eligibility boundary into a carried filing deadline.
Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)
  • Section 42(7) remains in the retained operative 1993 Act. The 2024 Act’s section 28 repeal is prospective in the retained official version. Removal of the separate two-year ownership qualification does not prove repeal of this restriction.
  • Section 42(7) remains in the retained operative 1993 Act. The 2024 Act’s section 28 repeal is prospective in the retained official version. Removal of the separate two-year ownership qualification does not prove repeal of this restriction.

What must the responsible actor complete?

Questions about this procedure

When can a tenant give a fresh section 42 notice after withdrawal?

Does withdrawal always allow an immediate new notice?

Section 42(7) restricts another notice for the flat within twelve months of the specified withdrawal or finality event.

Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)

Does deemed withdrawal count?

Yes. Subsection (7)(a) expressly includes deemed withdrawal under the Chapter.

Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)

Which court-order event can start this restriction?

The specified alternative is when an order obtained under section 47(1) becomes final, rather than its issue date automatically.

Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)

Did abolishing the two-year qualification remove this bar?

No. The ownership qualification and the subsequent-notice restriction are separate amendments. Establish commencement of the actual repeal before treating the bar as removed.

Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)

Can the tenant give a second notice while the first remains live?

Section 42(6) separately prevents a subsequent notice while the earlier notice continues in force.

Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)

Is the anniversary a final date for giving the new notice?

No. It is an earliest date outside this restriction. Eligibility and notice requirements must still be satisfied.

Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)Check the identified procedure, event, counting rule or qualification
Leasehold and Freehold Reform Act 2024, section 28, retained prospective repealCheck the identified procedure, event, counting rule or qualification
Leasehold and Freehold Reform Act 2024 (Commencement No. 2 and Transitional Provision) Regulations 2025, regulation 2Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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