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This ‘how to’ guide considers how to serve a landlord’s first notice and further notice for a leaseholder deed of certificate (LDC) under the Building Safety Act 2022 (BSA 2022). It covers the form and service of the notices and the relevant deadlines.

For guidance regarding how to serve an LDC, see Practice Note: How to serve a Building Safety Act 2022 leaseholder deed of certificate.

Under BSA 2022, section 119(2), to be a ‘qualifying lease’, the conditions of section 119(2) (a)—(d) need to be fulfilled. Conditions (a) — (c) are straightforward: broadly, that it is a long (more than 21 years) lease of a dwelling, the tenant is liable to pay a service charge, and the lease was granted before 14 February 2022 — see Practice Note: Building Safety Act 2022—landlord and tenant issues — Remediation of historic defects—definitions.

BSA 2022, s 119(2) condition (d) will be fulfilled if, as at 14 February 2022, the:

1. •

   dwelling was the relevant tenant’s (ie the tenant as at 14 February