Section 28 notice: claim by a tenant under s28 of the Leasehold Reform Act 1967

Statutory form with explanatory notes for a notice of tenant's claim under section 28 (1) (b) (ii) of the LRA 1967.

Suitable for use in: England & Wales
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About this document

This notice is to be used by the tenant.

It complies with the requirements under section 28 of the Leasehold Reform Act 1967, for a tenant to claim to be entitled to acquire the freehold or to be eligible for an extended lease, as a response to having been served with a certificate by the landlord under the same section of the Act, or under section 57 of the Landlord and Tenant Act 1954

The landlord would serve notice under s28 to certify that the property and premises will be required for relevant development within ten years. He or she would do so under s57 of the LTA to certify that it is requisite that the use or occupation of the whole or a part of the property and premises should be changed.

In accordance with s28 of the LRA, this notice should be served to the landlord no later than two months after a copy of the certificate has been served on the tenant.

The landlord must then serve a notice in reply in Form 3 set out in the Schedule to the Leasehold Reform (Notices) Regulations 1997 (or in substantially the same form) within two months of service on him of this section 28 notice.

If he or she does not admit the tenant's claim, he or she must state the grounds on which it is not admitted.

If the landlord admits the claim, then that admission is binding on him or her, unless he or she later shows that he or she was misled by misrepresentation or concealment of material facts. It does not conclude any question of the correctness of the particulars of the house and premises as set out in the claim.

We have further information about ending business leases (also applicable for residential tenancies under the LTA) that might be useful to read.

Contents

  • Name and address of the landlord
  • Nature of claim
  • Particulars
  • Reason for making claim
  • Landlord’s obligation
  • Schedule
  • Explanatory and guidance notes on how to complete the notice
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current English law.

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