Q&As

A house is converted into three flats demised to three separate leaseholders. One of the three leaseholders owns the whole freehold, and they wish to grant themselves an additional lease of the loft space and then sell the freehold. Is a section 5 notice required?

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Published on LexisPSL on 21/09/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A house is converted into three flats demised to three separate leaseholders. One of the three leaseholders owns the whole freehold, and they wish to grant themselves an additional lease of the loft space and then sell the freehold. Is a section 5 notice required?

A house is converted into three flats demised to three separate leaseholders. One of the three leaseholders owns the whole freehold, and they wish to grant themselves an additional lease of the loft space and then sell the freehold. Is a section 5 notice required?

The Landlord and Tenant Act 1987 (LTA 1987) makes provision for the right of first refusal to certain qualifying tenants to acquire the interest of their landlord where the latter intends to make a disposal of that interest. LTA 1987, s 1 provides that the right applies where premises consist of the whole or part of a building, they contain two or more flats held by qualifying tenants, and the number of flats held by such tenant exceeds 50% of the total number of flats. However, the right does not apply to any such premises at a time when the interest of the landlord in the premises is held by an exempt landlord or a resident landlord. LTA 1987, s 58(1) defines ‘exempt landlord’, being, for the

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