Q&As

Section 5B of the Landlord and Tenant Act 1987 (LTA 1987) sets out the requirements of the notice where the landlord wishes to make a disposal by sale at public auction. If the intended disposal is the grant of a new long lease rather than a freehold sale, should the draft lease be appended to the notice or just details of the key terms? Is it impossible to convey land in or grant a lease in an auction (no deed) but LTA 1987 refers to 'sale by auction'. Would the completion of a lease after an auction create a second disposal of a different interest or would the existence of the contract at the auction and creation of the lease in equity on exchange be sufficient to exempt it or allow disposal in compliance with notice terms?

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Published on LexisPSL on 01/06/2021

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

  • Section 5B of the Landlord and Tenant Act 1987 (LTA 1987) sets out the requirements of the notice where the landlord wishes to make a disposal by sale at public auction. If the intended disposal is the grant of a new long lease rather than a freehold sale, should the draft lease be appended to the notice or just details of the key terms? Is it impossible to convey land in or grant a lease in an auction (no deed) but LTA 1987 refers to 'sale by auction'. Would the completion of a lease after an auction create a second disposal of a different interest or would the existence of the contract at the auction and creation of the lease in equity on exchange be sufficient to exempt it or allow disposal in compliance with notice terms?

Section 5B of the Landlord and Tenant Act 1987 (LTA 1987) sets out the requirements of the notice where the landlord wishes to make a disposal by sale at public auction. If the intended disposal is the grant of a new long lease rather than a freehold sale, should the draft lease be appended to the notice or just details of the key terms? Is it impossible to convey land in or grant a lease in an auction (no deed) but LTA 1987 refers to 'sale by auction'. Would the completion of a lease after an auction create a second disposal of a different interest or would the existence of the contract at the auction and creation of the lease in equity on exchange be sufficient to exempt it or allow disposal in compliance with notice terms?

The right of pre-emption conferred by the Landlord and Tenant Act 1987 (LTA 1987) applies to a 'relevant disposal' (as that term is defined in LTA 1987, s 4(1)). The grant of a lease of the landlord's reversion will ordinarily qualify as a relevant disposal (unless the

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