Q&As

Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's agent using an electronic signature, where all other formal requirements under LTA 1987, ss 5 and 5A are satisfied?

read titleRead full title
Copyright © 2025 LexisNexis
Produced in partnership with Kate Andrews of Hamlins
Published on: 28 June 2019
imgtext

Section 5 notices need to be served in circumstances where a landlord of a building (which qualifies under the Landlord and Tenant Act 1987 (LTA 1987)) wishes to make a relevant disposal under LTA 1987. See Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987.

There is no prescribed form for a section 5 notice. However, under LTA 1987, s 54(1)(a), the notice must be in writing. There is no requirement for it to be signed. This can be contrasted with notices under the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993), which require a signature under LRHUDA 1993, s 99(5). A county court decision (see Calthorpe Road Freehold v Wahedally CLCC [2016] EGLR 55 (not reported by LexisNexis®))

Kate Andrews
Kate Andrews

Hamlins

Kate is a partner in the Property Litigation department at Hamlins LLP and advises on a wide variety of contentious property-related matters. Her main area of practice is contractual and development disputes, including specific performance claims, injunctions, rights to light, insolvency issues, Party Wall Act disputes and the redevelopment of business premises. She also deals with dilapidations, service charges, applications for consent, rent reviews and other landlord and tenant issues. Kate trained with Nabarro, qualifying in 2003. She joined Hamlins as a partner in 2014.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:

Popular documents

Tenants' right of first refusal—Landlord and Tenant Act 1987

Tenants' right of first refusal—Landlord and Tenant Act 1987This Practice Note looks at the effect of Part 1 of the Landlord and Tenant Act 1987, including the circumstances in which the right of first refusal applies, the landlord’s obligation to sever transactions to dispose of buildings

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit