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England and Wales · Property Chamber

When must the landlord give a section 45 counter-notice?

The landlord responding to a section 42 new-lease notice. By the counter-notice date specified in the tenant’s notice. Give a compliant section 45 counter-notice to the tenant by the stated date. Section 45(1) points to the actual date in the tenant’s notice. A generic two-month calculation can be earlier than that date and cannot replace inspection of the notice.

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Read why no date is calculated
Period
By the counter-notice date specified in the tenant’s notice
Trigger
The actual date specified under section 42(3)(f)
Rule
Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)
Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)

Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4). Section 45(1) points to the actual date in the tenant’s notice. A generic two-month calculation can be earlier than that date and cannot replace inspection of the notice.

Source guide · No automated date

Check the applicable procedure

Section 45(1) points to the actual date in the tenant’s notice. A generic two-month calculation can be earlier than that date and cannot replace inspection of the notice.

Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)

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When must the landlord give a section 45 counter-notice?

The landlord responding to a section 42 new-lease notice. By the counter-notice date specified in the tenant’s notice. Give a compliant section 45 counter-notice to the tenant by the stated date. Section 45(1) points to the actual date in the tenant’s notice. A generic two-month calculation can be earlier than that date and cannot replace inspection of the notice.

Responsible actor. The landlord responding to a section 42 new-lease notice.

The actual date specified under section 42(3)(f)

Actual qualifying statutory notice and effective event established

Section 45(1) points to the actual date in the tenant’s notice. A generic two-month calculation can be earlier than that date and cannot replace inspection of the notice.

Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)

How does this provision count time?

  1. Read the specified date and establish valid giving to the tenant. Section 42(5) regulates the minimum period the original notice allowed, not a universal section 45 expiry.
  2. Give a compliant section 45 counter-notice to the tenant by the stated date
  3. The landlord must use the counter-notice date actually specified in the tenant’s notice. Section 45 does not add another two months to that date. A closed-day question requires the applicable notice-giving rule; this guide supplies no replacement date.

Read the specified date and establish valid giving to the tenant. Section 42(5) regulates the minimum period the original notice allowed, not a universal section 45 expiry.

The landlord must use the counter-notice date actually specified in the tenant’s notice. Section 45 does not add another two months to that date. A closed-day question requires the applicable notice-giving rule; this guide supplies no replacement date.

Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)

Which facts prevent one automatic date?

Section 45(1) points to the actual date in the tenant’s notice. A generic two-month calculation can be earlier than that date and cannot replace inspection of the notice.

ResultRead the operative provision and establish the applicable branch.

Fictitious section42 tenant notice is given on October13,2026 and actually specifies January13,2027 for the landlord’s counter-notice. Section45(1) incorporates the actual date specified under section42(3)(f), while section42(5) regulates its minimum distance. Inspect the actual lawful January13 specified date. The two-month minimum does not replace a later specified date. Establish effective giving to the tenant before relying on completion.

Fictitious tenant notice specifies a Sunday counter-notice date. No controlling effective-giving or holiday-extension authority has been established. A statutory landlord notice is not a procedural act required by the Property Chamber Rules. Do not invent a Monday extension under Property Chamber rule15. Inspect the actual statutory notice and establish the governing effective-giving treatment.

Fictitious file contains the tenant notice’s giving date but omits the page stating the required counter-notice date. The statute directs the landlord to the specified date, which can be later than the minimum. Obtain and inspect the full actual notice. A guessed two-month deadline does not establish the section45(1) duty.

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
Read the specified date and establish valid giving to the tenant. Section 42(5) regulates the minimum period the original notice allowed, not a universal section 45 expiry. The landlord must use the counter-notice date actually specified in the tenant’s notice. Section 45 does not add another two months to that date. A closed-day question requires the applicable notice-giving rule; this guide supplies no replacement date.
Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)
  • Section 45(1) points to the actual date in the tenant’s notice. A generic two-month calculation can be earlier than that date and cannot replace inspection of the notice.
  • Section 45(1) points to the actual date in the tenant’s notice. A generic two-month calculation can be earlier than that date and cannot replace inspection of the notice.

What must the responsible actor complete?

Questions about this procedure

When must the landlord give a section 45 counter-notice?

Can the landlord simply count two months?

No. The operative deadline is the date actually specified under section 42(3)(f). The tenant may have allowed longer than two months.

Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)

What must the counter-notice state?

Section 45(2) requires admission, reasoned non-admission or the specified redevelopment position. Admission also requires the responses and counter-proposals in subsection (3).

Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)

Is dispatch on the stated date sufficient?

The statute requires the landlord to give the counter-notice to the tenant. Establish effective giving under the applicable notice rules.

Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)

What happens if no counter-notice is given?

Section 49 provides a separate court procedure. Its six-month period begins with the date by which the counter-notice was required.

Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)

Does an admitting counter-notice end all disputes?

No. Acquisition terms may remain disputed. A qualifying section 48 application has its own negotiation and longstop requirements.

Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)

Does the counter-notice need an address?

Section 45(4) requires an address in England and Wales at which notices under the Chapter may be given to the landlord.

Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)

Official sources and review

Provisions used (1)
Provisions used in this guide
ProvisionPurpose
Leasehold Reform, Housing and Urban Development Act 1993, s.45(1)–(4)Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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