Q&As

When can a landlord withdraw an offer notice under section 5A of the Landlord and Tenant Act 1987?

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Produced in partnership with Camilla Lamont of Landmark Chambers
Published on LexisPSL on 20/06/2017

The following Property Q&A produced in partnership with Camilla Lamont of Landmark Chambers provides comprehensive and up to date legal information covering:

  • When can a landlord withdraw an offer notice under section 5A of the Landlord and Tenant Act 1987?
  • Position during the acceptance period
  • Position if the tenants do not accept the offer or nominate a purchaser
  • Position after acceptance of the offer and nomination of purchaser by the tenants
  • The consequences of a landlord’s withdrawal
  • Summary

When can a landlord withdraw an offer notice under section 5A of the Landlord and Tenant Act 1987?

Position during the acceptance period

Under section 5A(4) of the Landlord and Tenant Act 1987 (LTA 1987), a section 5A notice must specify the period within which the offer may be accepted, being a period of not less than two months beginning with the date of service of the notice. During the specified acceptance period the landlord may not dispose of the protected interest except to a person nominated by the tenants. There is no provision within LTA 1987 enabling the landlord to withdraw or vary the terms of a section 5A offer notice after it has been served but prior to its acceptance, assuming the premises remain those to which LTA 1987, Pt I applies.

Position if the tenants do not accept the offer or nominate a purchaser

If, but only if, the qualifying tenants do not accept the landlord’s offer within the acceptance period specified in the section 5A notice (or such longer period as may have been agreed), or fail to subsequently nominate a purchaser in time, is the landlord thereafter free to dispose of the freehold to a third party but even then its rights of disposal are subject to restrictions. The landlord is only free to make such a disposal of the protected interest during

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