In this episode of Listen Without Prejudice, Mark Chick, Partner in Bishop & Sewell’s Landlord & Tenant team, is joined by Chris Macartney to explore a critical question for leaseholders: what happens if your landlord simply doesn’t respond to your notice?
Focusing on Section 13 (freehold purchase) and Section 42 (lease extension) notices, Mark and Chris break down the legal implications of landlord silence and why it’s not always as straightforward as it might seem.
While a landlord’s failure to respond within the required timeframe can put leaseholders in a strong position, potentially allowing them to proceed at their proposed price, there are strict procedural rules and deadlines that must be followed. The discussion highlights the importance of the six-month deadline to either complete the transaction or apply to court for a vesting order and how quickly that window can close in practice.
The episode also explores the risks of getting the process wrong, including invalid notices, incorrect service of documents, and landlords scrutinising claims to find technical defects. Mark and Chris share practical guidance on serving notices correctly, evidencing delivery, and avoiding common pitfalls that could jeopardise a claim worth hundreds of thousands of pounds.
Whether you’re a leaseholder considering enfranchisement or a property professional advising clients, this episode offers essential insight into protecting your position when the other side goes quiet.
