Q&As

Where a freehold property is being sold subject to long leases, but the seller must first serve a section 5 notice under the Landlord and Tenant Act 1987, can the seller enter into a contract for sale conditional on the tenants not exercising their rights?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on: 15 March 2017
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If the section 5 of the Landlord and Tenant Act 1987 (LTA 1987) applies to this property, it must be a building or part of a building divided into at least two flats held by qualifying tenants and the number of flats in the building held by qualifying tenants must exceed 50% of the total number of flats in the same. A qualifying tenant will be any residential tenant other than one occupying under an assured shorthold tenancy or a tenant whose tenancy is terminable on the cessation of his employment or is an assured or an assured agricultural tenancy.

In this scenario, as the freehold is held subject to long leases, it is assumed that each flat is let on a long lease. The tenants of those long leases will

Helen Galley
Helen Galley

XXIV Old Buildings

Helen has built up a reputation as a well-respected commercial Chancery practitioner with an emphasis on property and trusts related issues. She has built up extensive and wide ranging expertise in both non contentious and contentious property matters ranging from small scale cases to multi-million pound developments. Helen has also acted in a wide range of commercial and business disputes in areas as diverse as travel, hire purchase, the media, entertainment, IPR, IT and e-commerce. Contentious and non-contentious trusts matters, both on and offshore, are a regular feature of her caseload. Helen is a member of STEP, ACTAPS, the Property Bar Association, the Chancery Bar Association and IAL as well as an accredited mediator. Helen is recommended as “a first-rate advocate” in Legal 500 2015 for private client (trusts and probate), partnership and professional negligence. She is said to be “consistently able to provide excellent advice in a charming and friendly style” and is “responsive, hugely supportive and extremely user-friendly”.

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United Kingdom
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