Right of first refusal

View Property Disputes by content type:

Practice notes

Precedents

Q&As

News

Latest Property Disputes News

Lease arrears—options for landlords in Scotland

The following Property Disputes news provides comprehensive and up to date legal information on Lease arrears—options for landlords in Scotland

Alert: Business and Property Courts—official start date

The following Construction news provides comprehensive and up to date legal information on Alert: Business and Property Courts—official start date

Property Disputes weekly highlights—20 July 2017

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—20 July 2017

Minutes of the CPR Committee meeting—9 October 2020

The following Dispute Resolution news provides comprehensive and up to date legal information on Minutes of the CPR Committee meeting—9 October 2020

Featured Property Disputes content

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...

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...

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....

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...

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

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

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

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

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

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

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

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

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

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

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

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

Trespass—remedies

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

9th Nov

In-house

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

Most recent Right of first refusal content

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...

15th Jan

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...

15th Jan

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...

15th Jan

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 Jan

Q&As

When can a landlord withdraw an offer notice under section 5A of the Landlord and Tenant Act 1987?

Position during the acceptance periodUnder section 5A(4) of the Landlord and Tenant Act 1987 (LTA 1987), a section 5A notice must specify the period...

Produced in partnership with Camilla Lamont of Landmark Chambers 8th Jan

Q&As

The landlord wishes to sell the freehold at auction and accordingly served notices under section 5 of Landlord and Tenant Act 1987 on the two-long lease flat owners. The flat owners served notices indicating an intention to purchase the freehold and the landlord did not therefore sell at the auction. However, the flat owners did not actively pursue the purchase for six months. Can a normal transfer to the flat owners now be entered into or are new notices required to confirm the sale will be by private treaty rather than auction?

We assume that the notice was served pursuant to section 5B of Landlord and Tenant Act 1987 (LTA 1987) sale by auction.Where LTA 1987 applies, a...

Produced in partnership with Kate Andrews of Hamlins 8th Jan

Q&As

Do the usual rules of service apply to section 5 notices (Landlord and Tenant Act 1987)? If not, what rules apply and when is the notice deemed to have been served?

Pursuant to the Landlord and Tenant Act 1987 (LTA 1987), as amended by the Housing Act 1996, a right of first refusal arises where a landlord of a...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 8th 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 8th Jan

Q&As

A landlord serves notices under section 5D of the Landlord and Tenant Act 1987. A few days later the landlord decides that he wants to change the premium specified in the notices. Can he withdraw the notices and serve new versions without becoming subject to the twelve-month restriction in section 9B(2)? Alternatively, is it possible to vary the terms of an existing notice?

By way of background, if a landlord is proposing to dispose of his interest in a building containing flats in relation to which the tenants hold a...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

Joint landlords (who are unrelated) of a block of flats wish to transfer the freehold from both of the joint landlords to one of the joint landlords (ie A&B transfer to B) for valuable consideration. Assuming that the tenants qualify, is this a disposal for the purposes of the Landlord and Tenant Act 1987?

The Landlord and Tenant Act 1987 (LTA 1987) provides that qualifying leaseholders in a building containing flats have the right (subject to various...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Does the surrender and regrant of the lease of a flat to incorporate a loft that was not demised in the original lease amount to the grant of a lease of a flat and therefore fall within one of the exceptions to the right of first refusal under the Landlord and Tenant Act 1987?

The Landlord and Tenant Act 1987 (LTA 1987) among other things gives rise to the right for qualifying tenants to have the right of first refusal on...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th 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 8th Jan

Q&As

Where all qualifying tenants have notified the landlord that they will not be purchasing the freehold following service of notices under section 5 of the Landlord and Tenant Act 1987, does the landlord need to wait for the two month notice period to expire before completing a sale of the freehold?

Yes, the landlord does need to still wait. Section 6(1) of the Landlord and Tenant Act 1987 (LTA 1987) is clear that during...

Produced in partnership with Carl Fain of Tanfield Chambers 8th Jan

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 8th Jan

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 8th Jan

Q&As

If there are three flats in the building and one person is the tenant of all three, would that party be entitled to acquire the freehold by way of right of first refusal? Similarly, if the same party is an undertenant for three underleases of all three flats, would that party be entitled to acquire the freehold by way of right of first refusal?

By section 1 of the Landlord and Tenant Act 1987 (LTA 1987), a landlord is not lawfully entitled to make a relevant disposal (which would include any...

Produced in partnership with Desmond Kilcoyne 8th Jan

Q&As

A party has served a Notice of Acceptance pursuant to the Landlord and Tenant Act 1987 and now needs to notify the Landlord of the Nominated Purchaser—is there a prescribed form for doing so or particular wording required?

The purpose of Part I of the Landlord and Tenant Act 1987 (LTA 1987) is to require the landlord of a block of flats who wishes to dispose of the...

Produced in partnership with Helen Galley of XXIV Old Buildings 8th Jan

Q&As

On the sale of a mixed use building which comprises a freehold title and a separate long leasehold title of a small area of ancillary land adjacent to this which has been built on, but its use is unknown, is it necessary to serve a notice under section 5 of the Landlord and Tenant Act 1987 in respect of the leasehold title as well as the freehold title?

It has been assumed that the Landlord and Tenant Act 1987 (LTA 1987) applies to the mixed use building (in other words the residential element exceeds...

Produced in partnership with Kate Andrews of Hamlins 8th Jan

Q&As

Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's agent using an electronic signature, where all other formal requirements under LTA 1987, ss 5 and 5A are satisfied?

Section 5 notices need to be served in circumstances where a landlord of a building (which qualifies under the Landlord and Tenant Act 1987 (LTA...

Produced in partnership with Kate Andrews of Hamlins 8th 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 8th Jan