Q&As

Does the right of first refusal under the Landlord and Tenant Act 1987 apply if the freehold is transferred for nil value or does there have to be a premium payable?

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Published on LexisPSL on 04/05/2021

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

  • Does the right of first refusal under the Landlord and Tenant Act 1987 apply if the freehold is transferred for nil value or does there have to be a premium payable?

Does the right of first refusal under the Landlord and Tenant Act 1987 apply if the freehold is transferred for nil value or does there have to be a premium payable?

Under section 1 of the Landlord and Tenant Act 1987 (LTA 1987), a landlord is prohibited from making a relevant disposal affecting any premises to which LTA 1987, Pt I applies without first serving a notice on the qualifying tenants and offering them a right of first refusal.

A ‘relevant disposal’ is defined in LTA 1987, s 4(1). The definition is extremely wide and includes the disposal by the landlord of any estate or interest (whether legal or equitable) in premises to which LTA 1987, Pt I applies.

There are specific

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