Landlord and Tenant Act 1987

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Secondly, the 1987 Act does not apply to a disposal made pursuant to a contract entered into before the qualifying criteria are met.

There are some situations where disposals would not be caught under the LTA 1987 such as the grant of a tenancy of a single flat, charges, disposals as gifts, disposals pursuant to contracts that were entered into prior to 50% of the units being held by Qualifying Tenants, and a disposal to an associated company (i. As residential landlord and tenant practitioners will know, it is a criminal offence for a landlord to breach Part 1 of the Landlord and Tenant Act 1987 (“the Act”), which gives qualifying tenants of flats the right of first refusal when their landlord sells its interest. The landlord may withdraw from the transaction but is then prohibited from making the disposal for a 12 month period. For the purposes of subsection (2)(b) any tenant of a flat contained in the premises in question who is a body corporate shall be treated as the tenant of any other flat so contained and let to an associated company.

Most surveyors and solicitors practicing in the leasehold property sector will be familiar with the rights of lessees to obtain their freehold either by way of a collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993, or (in the event of a disposal by the landlord) by electing to the collective Right of First Refusal under Part I of the Landlord and Tenant Act 1987. There is no mention of marriage value, and any potential ‘overbid’ made by a lessee is explicitly excluded. We had some challenges with the party wall agreements ,however the team at PBS really helped us to get the right outcome. If the qualifying conditions are met, the landlord must serve a Section 5 Notice (the nature and timing of which will depend on the type of disposal being proposed) and follow the procedure set out in the 1987 Act. Our surveyor during this process was William Weaver and he was absolutely brilliant, he made the process easy and kept it stress free.

A cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface. When my link person was on leave another colleague happily took over and ensured our report was sent quickly. We would have no hesitation in using their services again and in recommending the firm to others looking to have properties surveyed. Where a claim is made under the 1993 Act 50% of marriage value is payable to the landlord in respect of participating tenants’ leases which have unexpired terms of less than 80 years. David is delightful, wonderful, knowledgable, even helpful after surveying the property to assist me with outstanding tasks to make sure I was comfortable and understood the reports.I can definitely recommend Peter Barry - in our experience they have proved to be very professional, responsive and on point! Finally, it’s a criminal offence if you fail to follow the notice and/or disposal procedures, and whilst your commercial lease will remain valid, your residential tenants will be entitled to acquire the lease from your new commercial tenant. Both of these cases amply illustrate the dire consequences that can flow from a disposal in breach of the Act and provide a salutary lesson to landlords of residential and mixed-use properties.