England and Wales · Property Chamber
What is the earliest counter-notice date a section 42 notice may specify?
The qualifying tenant giving a new-lease notice. A specified date not less than two months after giving the notice. Specify the actual landlord counter-notice date in the tenant’s section 42 notice. Section 42(3)(f) requires an actual stated date. Subsection (5) sets its minimum distance from giving the tenant’s notice. It permits a later date.
- Period
- A specified date not less than two months after giving the notice
- Trigger
- The date the section 42 notice was actually given
- 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). Section 42(3)(f) requires an actual stated date. Subsection (5) sets its minimum distance from giving the tenant’s notice. It permits a later date.
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What is the earliest counter-notice date a section 42 notice may specify?
The qualifying tenant giving a new-lease notice. A specified date not less than two months after giving the notice. Specify the actual landlord counter-notice date in the tenant’s section 42 notice. Section 42(3)(f) requires an actual stated date. Subsection (5) sets its minimum distance from giving the tenant’s notice. It permits a later date.
Responsible actor. The qualifying tenant giving a new-lease notice.
The date the section 42 notice was actually given
Actual qualifying statutory notice and effective event established
Section 42(3)(f) requires an actual stated date. Subsection (5) sets its minimum distance from giving the tenant’s notice. It permits a later date.
Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)How does this provision count time?
- Use the corresponding date two calendar months after actual giving. This minimum does not shorten a later date specified in the notice.
- Specify the actual landlord counter-notice date in the tenant’s section 42 notice
- Two calendar months sets the earliest counter-notice date that the tenant may specify. It does not select the actual date for the landlord. A weekend minimum remains a minimum; establish the notice’s stated date and lawful giving separately.
Use the corresponding date two calendar months after actual giving. This minimum does not shorten a later date specified in the notice.
Two calendar months sets the earliest counter-notice date that the tenant may specify. It does not select the actual date for the landlord. A weekend minimum remains a minimum; establish the notice’s stated date and lawful giving separately.
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 date the section 42 notice was actually given established on Tuesday, October 13, 2026. Specify the actual landlord counter-notice date in the tenant’s section 42 notice. All selected source conditions are established unless this scenario expressly refuses them.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious actual source event. The date the section 42 notice was actually given established on Tuesday, October 13, 2026. Specify the actual landlord counter-notice date in the tenant’s section 42 notice. 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. | Sunday, December 13, 2026 |
| Example 2. Closed-day boundary | Fictitious actual source event. The date the section 42 notice was actually given established on Monday, October 5, 2026. Specify the actual landlord counter-notice date in the tenant’s section 42 notice. 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, December 5, 2026 |
| Example 3. Material procedural branch | Fictitious actual source event. The date the section 42 notice was actually given established on Tuesday, October 13, 2026. Specify the actual landlord counter-notice date in the tenant’s section 42 notice. 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 notice or relevant date is missing, or the corresponding month date does not exist. No invented end-of-month substitution. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich 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
- Use the corresponding date two calendar months after actual giving. This minimum does not shorten a later date specified in the notice. Two calendar months sets the earliest counter-notice date that the tenant may specify. It does not select the actual date for the landlord. A weekend minimum remains a minimum; establish the notice’s stated date and lawful giving separately.
- Section 42(3)(f) requires an actual stated date. Subsection (5) sets its minimum distance from giving the tenant’s notice. It permits a later date.
- Section 42(3)(f) requires an actual stated date. Subsection (5) sets its minimum distance from giving the tenant’s notice. It permits a later date.
What must the responsible actor complete?
Questions about this procedure
What is the earliest counter-notice date a section 42 notice may specify?
Is two months the landlord’s deadline in every claim?
No. Section 42 sets a minimum for the date the tenant specifies. The actual specified date controls the landlord’s section 45 duty.
Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)Which event starts the minimum?
Section 42(5) uses the date of giving the tenant’s notice. Establish effective giving before calculating.
Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)Can the tenant specify a later date?
Yes. The specified date must be not less than two months after giving, so a later date can meet this timing requirement.
Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)Does this check validate the whole notice?
No. Section 42 requires party, flat, lease, premium and proposed-term particulars as well as the counter-notice date.
Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)Can another tenant’s notice be ignored?
Section 42(6) bars a subsequent notice for the flat while the earlier notice continues in force.
Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)Is this a deadline for applying to the tribunal?
No. It is a minimum date within the tenant’s notice. Disputed terms and absent counter-notices have separate procedures.
Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8)Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Leasehold Reform, Housing and Urban Development Act 1993, s.42(3)(f), (5)–(8) | Check the identified procedure, event, counting rule or qualification |