Q&As

Tenant A owns one flat in a block of three flats. The other two flats are owned by Tenant B. Following service of a notice by the landlord under section 5 of the Landlord and Tenant Act 1987 (LTA 1987), can A and B serve separate notices under LTA 1987, s 6 or must they serve only one notice on behalf of them both? Would service of a section 6 notice by B alone 'freeze out' A?

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Published on: 22 June 2020
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An acceptance notice under section 6 of Landlord and Tenant Act 1987 can only be served by the requisite majority of qualifying tenants of the constituent flats on the landlord.

Carl Fain
Carl Fain chambers

Tanfield Chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes.

Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)

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