Right of first refusal

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Property Disputes weekly highlights—13 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Measure of damages for fraudulent misrepresentation clarified (Glossop Cartons and Print v Contact (Print & Packaging))

The following Commercial news provides comprehensive and up to date legal information on Measure of damages for fraudulent misrepresentation clarified (Glossop Cartons and Print v Contact (Print & Packaging))

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a mediator’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a mediator’s perspective

Featured Property Disputes content

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Precedents

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

9th Nov

Practice notes

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

9th Nov

COVID-19

Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

9th Nov

Practice notes

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

COVID-19

In-house

Most recent Right of first refusal content

Practice notes

Compulsory acquisition of landlord’s interest by tenants of flats

Compulsory acquisition of landlord's interestAn acquisition order under Part III of the Landlord and Tenant Act 1987 (LTA 1987), entitles certain long...

8th Apr

Practice notes

Landlord and Tenant Act 1987—pitfalls and practical tips

Time limits and delaysThe time limits for the various stages of the Landlord and Tenant Act 1987 (LTA 1987) procedures can seriously delay the...

8th Apr

Practice notes

Landlord and Tenant Act 1987—what are premises, what is a flat and who is a qualifying tenant?

What are premises?For LTA 1987 to apply there must be premises:•which constitute the whole or part of a building•which are used 100% for residential...

8th Apr

Practice notes

Landlord and Tenant Act 1987—tenants' right of first refusal

The Landlord and Tenant Act 1987 (LTA 1987), Part I gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest...

8th Apr

Practice notes

Exercising the tenant’s right of pre-emption—what is a qualifying building?

Under section 1(2) of the Landlord and Tenant Act 1987 (LTA 1987), certain long leasehold tenants of flats have a right of pre-emption if their...

8th Apr

Q&As

Where a freeholder of a residential block (where flats are let on long leasehold) wishes to grant 999-year leases of the roof/roof space for the purpose of development of additional stories, must the freeholder serve notice pursuant to section 5 of the Landlord and Tenant Act 1987, and if so, are there any exemptions which might apply, eg if the freeholder were to grant a lease of the roof for an airspace to an associated company?

Under section 1(1)(2) of the Landlord and Tenant Act 1987 (LTA 1987) (where relevant to this Q&A):‘…(1) A landlord shall not make a relevant disposal...

Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 12th Feb

Precedents

Landlord and Tenant Act 1987 offer notice (no prior contract)

Landlord and Tenant Act 1987, section 5D OFFER NOTICETo: [[name of tenant] OR The qualifying tenant of [address of flat]] of [address of flat]YOU ARE...

12th Feb

Precedents

Landlord and Tenant Act 1987 offer notice (grant of option)

Landlord and Tenant Act 1987, section 5C offer noticeTo: [[name of tenant] OR [name of the qualifying tenant of flat [insert flat number]]] of...

12th Feb

Precedents

Landlord and Tenant Act 1987—offer notice

Landlord and Tenant Act 1987, section 5A—offer noticeTo: [[name of tenant] OR [the qualifying tenant of flat [insert flat number]]] of [address of...

12th Feb

Precedents

Landlord and Tenant Act 1987 offer notice (auction)

Landlord and Tenant Act 1987, section 5B OFFER NOTICETo: [[name of tenant] OR [name of the qualifying tenant of flat [insert flat number]]] of...

12th Feb

Q&As

If a landlord has served a notice pursuant to section 5 of the Landlord and Tenant Act 1987 (LTA 1987) stating ‘the landlord whose address for service for the purpose of this notice is care of…’, can the tenants serve an acceptance notice pursuant to LTA 1987, s 6 on that ‘care of’ address only and ignore the service requirements in the lease?

Section 5 of the Landlord and Tenant Act 1987 (LTA 1987) requires landlords to give notice of relevant disposals of interests or estates in land to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

If a freehold to a house, has been converted into three flats and the freeholder wishes to transfer the freehold title to one of the leaseholders for nil consideration, if the other two flat owners have agreed to this arrangement and as such the freehold is not being offered either by auction or on the open market for sale, must the freeholder serve formal notices under s 5 of LTA 1987 to all leaseholders before the transaction can proceed?

Section 1 of the Landlord and Tenant Act 1987 (LTA 1987) provides that:'...a landlord shall not make a relevant disposal affecting any premises to...

Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan

Q&As

Does a freeholder need to serve formal notices under section 5 of the Landlord and Tenant Act 1987 to all leaseholders in a block of flats before transferring the freehold title to one of the leaseholders for nil consideration, if the other leaseholders agree?

Case studyThe freehold to a house has been converted into three flats and the freeholder wishes to transfer the freehold title to one of the...

Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan

Q&As

A non-qualifying tenant (of a commercial lease) was mistakenly included in the right of first refusal procedure under the Landlord and Tenant Act 1987 and purchased a share in the freehold alongside the qualifying tenants. What are the consequences of this?

Under the Landlord and Tenant Act 1987 (LTA 1987), certain landlords are prohibited from making certain disposals without first serving a notice on...

22nd Jan

Q&As

In a mixed use property, for the purposes of determining whether the residential tenants' rights of pre-emption pursuant to Landlord and Tenant Act 1987 apply, would undeveloped cellars demised to the freehold owner be included in the calculation of the internal floor area, and if so, would the undeveloped cellars be counted as residential or non-residential premises?

The Q&A raises in particular, the types of premises where the right will arise. It does not apply if more than 50% of internal floor area of the...

22nd Jan

Q&As

Do tenants' rights of pre-emption under the Landlord and Tenant Act 1987 apply on transfer to a management company?

General principlesPart I of the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to...

22nd Jan

Q&As

‘A’ owns the freehold and a 999-year leasehold interest in a mixed-use block where more than 50% of which consists of residential apartments let on long leases (the Block). A also owns the 999-year leasehold interest in a neighbouring car park block (the Car Park Block). The residential tenants of the Block all have separate leases of a car park space in the Car Park Block. There are no separate rights in the residential leases to use the car park. A wants to dispose of its interests in the Block and the Car Park Block. Should the Car Park Block be disposed of in the same transaction as the Block and accordingly under the same section 5 offer notice or must the Car Park Block be disposed of as a separate transaction?

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...

22nd Jan

Q&As

Does the right of refusal contained in Part I of the Landlord and Tenant Act 1987 apply to a sale pursuant to a charging order?

The right of first refusalUnder Part I of the Landlord and Tenant Act 1987 (LTA 1987), a landlord may not make ‘a relevant disposal’ (as to which, see...

Produced in partnership with Alex Campbell of Field Court Chambers 22nd Jan

Q&As

A landlord has received a section 5B notice. Where there are three other flat owners in the building, can each qualifying tenant serve their own section 6 acceptance notice, or can only one section 6 notice be served on behalf of all qualifying tenants?

An acceptance notice under section 6 of Landlord and Tenant Act 1987 (LTA 1987) can only be served by the requisite majority of qualifying tenants of...

22nd Jan

Q&As

Under the Landlord and Tenant Act 1987—is it possible for two section 5 notices to have effect at the same time (one for sale by private treaty and another for an auction sale)?—if there is an overriding lease in relation to the flats, is the lessee of the overriding lease the ‘qualifying tenant’ for the purpose of the right of first refusal?

The Landlord and Tenant Act 1987 (LTA 1987), Part I gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest...

22nd Jan