Landlord Counter-Notice: Negotiation and Next Steps
What an owner should examine in a landlord's Section 45 counter-notice and valuation response.
Before choosing a professional: credentials to check
Before instructing a solicitor, verify the individual and firm in the Solicitors Regulation Authority (SRA) Register. For valuations, verify any claimed RICS membership or regulated firm status through RICS. A membership badge is not proof by itself.
If you receive an informal offer, compare the proposed term, premium, ground rent and professional charges with the statutory route. An initial quote should explain what remains uncertain.
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· England & Wales | October 2026
What an owner should examine in a landlord's Section 45 counter-notice and valuation response.
What the landlord's response can say
A counter-notice may acknowledge the right to a new lease while proposing different terms or premiums, or challenge entitlement. The route forward depends on that response; it is not necessarily a rejection of the whole extension.
Examine the proposed premium
Compare the offered figure with the valuer's supported range and assumptions. Identify where the parties disagree on ground rent, reversion value or relativity, and whether further evidence could close the gap.
Check the non-price terms
A landlord may put forward wording changes that matter economically even if the premium looks reasonable. Review ground rent, term, rights, covenants, registration and any mortgage-related clauses with a solicitor before agreeing.
Keep deadlines visible
Statutory processes have defined windows after notices and negotiation. A diary maintained by the acting solicitor is a safeguard against a claim losing procedural protection because parties continued informal discussions too long.
Know when escalation is appropriate
If valuation and terms cannot be settled, an expert may recommend a tribunal or court route. The legal and cost consequences depend on which issue is disputed. Do not assume every disagreement must proceed to a hearing.
Practical checklist
- Request written counter-notice copy
- Ask valuer to compare premiums
- Review all proposed lease clauses
- Diary negotiation and tribunal windows
Common mistakes to avoid
A carefully documented decision is more useful than an assumption based on a search result. Check these risks before acting:
- Focusing only on price
- Letting deadlines pass during talks
- Mistaking an informal landlord email for a formal notice
Questions to ask a qualified specialist
- Which jurisdiction and legal procedure govern my situation, and why?
- What facts, supporting documents or valuation evidence are missing?
- What deadlines, professional fees and potential adverse costs must be planned for?
- What alternative approach should I compare before proceeding?
This guide is general information for England and Wales, not individual legal advice. Some provisions of the Leasehold and Freehold Reform Act 2024 are not yet in force. No attorney-client relationship is created and no solicitor or lawyer referral service is active on this site.
References and further reading
Use these sources to verify the law and published procedures at the date you act; official guidance can be updated.
- lease-advice.org — official or institutional guidance
- lease-advice.org — official or institutional guidance
- lease-advice.org — official or institutional guidance
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