Landlord and Tenant Act 1987

Product Information

The Landlord and Tenant Act 1987 (‘the 1987 Act’) gives a right of first refusal to “qualifying tenants” by prohibiting certain landlords from making certain disposals of certain premises without first offering the disposal to the “qualifying tenants” of the building. It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. of the Magistrates Courts Act 1980: 'a magistrates' court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose'. The landlord cannot even enter into a contract conditional on the tenants not exercising the right of first refusal.

If this is the case, then the right of first refusal would be triggered by any disposal of that part of the building by the freeholder. What had been overlooked was that the relevant disposal took place on the date the auction contract was made (s.I was very impressed with the service I received and how quickly they were able to deal with the party wall agreement, the service was excellent, very professional and efficient.

g. X may take a roofer 3-4 days, Y will probably be 2-3 more years before it becomes a more serious concern etcFinally, Shaun said he would be happy to take a look over specific documents we had requested on the back of the survey, and when we sent these on he swiftly replied with a very useful and entirely comprehensive review. When considering the qualifying criteria, there are several issues that are of particular relevance for mixed use premises.

If the 1987 Act does apply, then the statutory procedure must be followed, which could potentially delay any proposed sale by several months, even if the qualifying tenants ultimately decide not to acquire the interest. Our specialist Chartered Surveyors have a deep knowledge and extensive experience of the valuation procedures and applicable legislation. Where there is a mixed use development, it is particularly important to consider at the outset how the commercial and residential elements are held to avoid potential problems disposing of the commercial parts of the property in the future. He was extremely generous with his time, and had extensive knowledge of the local property market as well as the condition of the property itself.

There are various exceptions and exclusions to the right and also steps that can be taken to bring the proposed transaction outside the scope of the right of first refusal. Furthermore, the definition of qualifying tenant includes a tenant who has exchanged an agreement for lease, even if the lease has not yet been granted. The report was extremely thorough, and I was able to ask follow-ups to the surveyor which I received deBoth Daniella who took my original query and then Shaun Blake who discussed my issue in more detail were both amazingly helpful.

Usually, this will result in the headlessee being the “landlord” and allows the freehold owner to deal with the freehold without triggering the right of first refusal. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously. A “relevant disposal” includes all disposals by the immediate landlord; although there are some limited exceptions. Even after the 12 month period has expired, the landlord cannot make the disposal without again fulfilling the requirements of the 1987 Act.Hotjar sets this cookie to know whether a user is included in the data sampling defined by the site's daily session limit. We used Peter Barry to carry out a Level 3 survey and were thoroughly impressed by both the organisation and communication when organising the survey but also the after care. James and the team were fantastic: so responsive to questions, really knew their stuff and kept me updated every step of the way. I was helped by Shaun who gave me sound advice on when such surveys are useful, the type of access required for them to be effective, and, importantly, what they will not reveal.