Q&As

When drafting notices of the right of first refusal for the transfer of an estate containing three blocks of flats, shared communal areas and leasehold houses and each building would be entitled to be offered the right of first refusal in relation to the communal areas, would the communal areas be included in all the notices, just one or none?

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Published on: 26 April 2022
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This depends upon whether all blocks and the houses on the estate can be considered as one building as per Long Acre Securities Ltd v Karet. If so, then only one set of notices would need to be served in relation to the disposal and hence the shared communal areas would be included in those notices.

If,

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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