Q&As
If a freehold to a house, has been converted into three flats and the freeholder wishes to transfer the freehold title to one of the leaseholders for nil consideration, if the other two flat owners have agreed to this arrangement and as such the freehold is not being offered either by auction or on the open market for sale, must the freeholder serve formal notices under s 5 of LTA 1987 to all leaseholders before the transaction can proceed?
Published on: 05 April 2017
Section 1 of the Landlord and Tenant Act 1987 (LTA 1987) provides that:
'...a landlord shall not make a relevant disposal affecting any premises to which at the time of the disposal this Part applies unless
(a) He has served a section 5 notice on the qualifying tenants in the building granting rights of first refusal on them; and
(b) The disposal is in accordance with sections 6 to 10.'
The building in this case is a converted house. It has been converted into three flats and as the question refers to flat owners it is
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.