Q&As

Would a 20-year lease of the rooftop constitute a disposal requiring service of section 5 notices on the residential tenants of the flats within the building considering that the rooftop does not constitute a common part and there are no rights granted in the lease for the tenants to use the roof space?

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Published on LexisPSL on 21/07/2021

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Would a 20-year lease of the rooftop constitute a disposal requiring service of section 5 notices on the residential tenants of the flats within the building considering that the rooftop does not constitute a common part and there are no rights granted in the lease for the tenants to use the roof space?

Would a 20-year lease of the rooftop constitute a disposal requiring service of section 5 notices on the residential tenants of the flats within the building considering that the rooftop does not constitute a common part and there are no rights granted in the lease for the tenants to use the roof space?

Part I of the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when the landlord proposes to dispose of it. The right is framed in negative terms, prohibiting the landlord from making a relevant disposal without first serving a notice under LTA 1987, s 5 on the qualifying tenants and requiring that the disposal is made in accordance with the statutory requirements. Those statutory requirements are designed to ensure that the landlord, having established that the tenants do not wish to exercise their rights on the terms specified, cannot sell elsewhere on more favourable terms.

The right of first refusal applies where premises:

  1. consist of the whole or part of a building

  2. contain two or more

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