Uncertainties with the new procedure include: uncertainty as to whether the warning notice has to be served personally on T (or can it be served on his solicitor); whether the warning notice can be served at the outset of the transaction or whether the terms of the lease must have been finally agreed; the need for a separate notice to be served on each T; the complications of going through an independent solicitor for the statutory declaration (which is almost always the procedure used); the problems of the lease changing slightly before completion (in practice, requiring L to serve a new warning notice, and all Ts to make new declarations); problems when there is a change of T between the exchange of the warning notice prior to the agreement for lease and the actual grant of the lease (meaning the new T has to receive a fresh notice); lack of any provisions relating to options to take contracted-out leases; the fact that the new procedure has to be undergone before T enters into an agreement for lease, rather than the lease itself; the need for separate notices on all Ts and all guarantors.

One simple alternative is being promoted; if T is legally represented, then why not simply have the health warning and acknowledgment appear on the signature page of the lease? For more on these criticisms see [2005] 145 Property Law Journal 13.