A tenant who owns a tenancy of three or more flats in the building is also excluded from being a "qualifying tenant". The proposed disposal must be a “relevant disposal”, which is defined as a disposal of any estate or interest in the building except a list of excluded transactions. It was our first time going through this process and they made it a straightforward and painless experience for us. Had Peter Barry Surveyors come in to undertake structural survey on house when noticed cracks appearing over window following period of dry weather.

As such, it is important to identify whether the right of first refusal applies as early as possible. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Organising site visits and all the paperwork, keeping me informed about the progress and finally sending me the completed Agreement. Landlord and tenant acts are legislation that regulate the various aspects of renting property, such as disclosure of landlord’s identity, provision of rent books, fitness for human habitation, repairing obligations, service charges, security of tenure, renewal of tenancies, covenants, and more.Where new land or property is purchased, the LTA 1987 should be considered at the very start as careful structuring can greatly assist future disposals. I needed someone to act on my behalf regarding a Party Wall on a house that I rent out in East London. 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. Following service of the notice, the tenants have two months to decide if they want to take the lease. He made the whole process of achieving a party wall agreement award with my neighbour easy and stress free.

Where the Landlord is an individual or individuals, it is difficult to avoid having to go through the formal notice procedure unless the individual landlord is gifting it or transferring it to members of his family. The newsletter from Greenwoods Construction and Engineering Group - key analysis bringing construction law to life. Mr Steve Hobbs carried out the survey for my flat and also to put on the report how much the lease extension should cost. the superior landlord shall also be regarded as the landlord in relation to those premises for the purposes of this Part and, if the superior landlord is himself a tenant of those premises under a tenancy falling within paragraph (a) or (b) above, the person who is the landlord under that tenancy shall also be so regarded (and so on). This situation causes inevitable difficulties for any prospective third party purchaser; they risk wasting time and costs if the tenants accept the offer.The _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. If legal advice is taken early arrangements can be put in place so the requirement to serve a Section 5 Notice on investment disposals is not triggered. The Act applies to a building (or part of a building) which contains at least two flats, held by qualifying tenants where the floor area of the residential parts of the building (excluding common parts) amounts to 50% or more of the building. Where interpretation of the LTA 1987 is necessary, it is likely to be advisable to seek Counsel’s opinion, although it is notoriously difficult to predict how this LTA 1987 will be interpreted by the courts.