Q&As

Where a landlord has transferred its freehold interest to a new company, but the new company is not yet registered as the freehold proprietor at the land registry, should the tenant serve a Landlord and Tenant Act 1954 (LTA 1954) section 26 notice on the new landlord or the old landlord who remains registered as the freeholder at the land registry. Would the position change if the new landlord had served a LTA 1954, s 40(1) request for further information on the tenant?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 04/10/2018

The following Property Disputes Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • Where a landlord has transferred its freehold interest to a new company, but the new company is not yet registered as the freehold proprietor at the land registry, should the tenant serve a Landlord and Tenant Act 1954 (LTA 1954) section 26 notice on the new landlord or the old landlord who remains registered as the freeholder at the land registry. Would the position change if the new landlord had served a LTA 1954, s 40(1) request for further information on the tenant?

Where a landlord has transferred its freehold interest to a new company, but the new company is not yet registered as the freehold proprietor at the land registry, should the tenant serve a Landlord and Tenant Act 1954 (LTA 1954) section 26 notice on the new landlord or the old landlord who remains registered as the freeholder at the land registry. Would the position change if the new landlord had served a LTA 1954, s 40(1) request for further information on the tenant?

A notice given by a tenant under section 26 of the Landlord and Tenant Act 1954 (LTA 1954) must be given to the ‘landlord’ as defined by LTA 1954, s 44. For this purpose, landlord means the ‘legal’ owner of an interest satisfying the conditions in LTA 1954, s 44 (ie so that the owner qualifies as the ‘competent landlord’).

In the context of registered land, generally, legal ownership of an estate only passes from the transferor to the transferee upon registration of the disposition. Section 27(1) of the Land Registration Act 2002 (LRA 2002) provides that:

‘If a disposition of a registered estate or registered charge is required to be completed by registration, it

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