Q&As

Does the surrender and regrant of the lease of a flat to incorporate a loft that was not demised in the original lease amount to the grant of a lease of a flat and therefore fall within one of the exceptions to the right of first refusal under the Landlord and Tenant Act 1987?

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Published on: 30 July 2018
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The Landlord and Tenant Act 1987 (LTA 1987) among other things gives rise to the right for qualifying tenants to have the right of first refusal on any relevant disposal by the landlord. LTA 1987, s 4 sets out the scope of relevant disposals and makes clear that a relevant disposal is a disposal by the landlord of any estate or interest (whether legal or equitable) in any premises, including the disposal of any estate or interest in any common parts, but excluding (insofar as it is relevant) the grant of any tenancy under which the demised premises consist of a single flat. See Practice Note:

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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