Q&As

For the purposes of the Landlord and Tenant Act 1987, where there are only two tenants (one of whom is the landlord and so will not cooperate): Would it be sufficient to serve the section 5 notice and not have to wait for the various periods provided for to elapse as the notice cannot be accepted by the 'requisite majority'? As the landlord is also treated as a qualifying tenant because he is also a long leaseholder, can the notice simply be served on the landlord as flat owner (given that it is permissible to serve all but one of the tenants)?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 13 January 2025

The Landlord and Tenant Act 1987 (LTA 1987) provides to certain qualifying tenants of properties a right of first refusal. This means that if their landlord is seeking to dispose of their interest in the property (whether as freeholder or superior leaseholder) the landlord must offer the interest to those qualifying tenants first. A failure to do so is not only a criminal offence but can involve the unwinding of a transaction done

Chris Bryden
Chris Bryden

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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Jurisdiction(s):
United Kingdom

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