This standard document is an example of a counter-notice claiming the benefit of the Leasehold Property (Repairs) Act 1938 (LPRA 1938).

The landlord must serve on the tenant a notice under section 146 of the Law of Property Act 1925 (LPA 1925), before the landlord forfeits the lease for a breach of a covenant other than non-payment of rent. If the breach complained of relates to the repairing covenants in the lease and the lease satisfies the conditions of section 1(1) of the LPRA 1938, the tenant can serve a counter-notice under the LPRA 1938.

If the tenant serves a counter-notice, the landlord must then get the leave of the court to make an application to forfeit the lease.

The counter-notice should be served in duplicate and the landlord asked to sign and return the duplicate as acknowledgment of receipt. The word version of this document includes a duplicate with this provision and in order to allow this no Firmstyle is available.