Landlord and Tenant Act 1987

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Landlord and Tenant Act 1987

Landlord and Tenant Act 1987

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The initial survey had to be postponed last minute due to a potential collapse in the chain, but that was no problem. The definition of “qualifying tenant” in the 1987 Act includes leaseholders and most fixed or periodic tenancies but excludes shorthold or assured tenancies, business and agricultural tenancies, and tenancies that are dependent upon employment. Ishrat and John kept their communication at all times and were very prompt booking the survey and answering any questions we add. A tenant who owns a tenancy of three or more flats in the building is also excluded from being a "qualifying tenant".

Under Part I of the LTA 1987 certain residential tenants have a statutory right of first refusal in relation to various disposals by their immediate landlord of whole or part of their building.Section 1 of the 1987 Act provides a right of first refusal on a disposal for ‘Qualifying Tenants’ of the residences contained in the development. 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. A list of members is open to inspection at the registered office, Arbor, 255 Blackfriars Rd, SE1 9AX.

Therefore, in situations where the residential parts are held under a head lease, a disposal of the freehold would not be caught by the 1987 Act. Thank you to you both for putting my mind at rest and outlining a plan in resolving my issue going forward. It is imperative that landlords seek expert legal advice in this regard from the outset to avoid potential pitfalls in the future.

The Landlord and Tenant Act 1987, which applies if there is another landlord between you and the freeholder. It was a pleasure to work with Cecily Crampin (also of Falcon Chambers) and Steve Nicholson of Altermans. In mixed-use premises where the above criteria is met, the landlord cannot, for example, grant a lease of a commercial unit without first making an offer to the qualifying residential tenants. All the steps from enquiry, quotation, booking, and inspection through to preparing the reports- were helpfully and efficiently handled by all three team members (Daniella, Joanne and Steve)that I dealt with- all my queries were very quickly responded to.

The implications of the LTA 1987 do not have to be detrimental when disposing of commercial units in mixed use developments provided that, if Section 5 notices do need to be served on Qualifying Tenants, sufficient time to deal with the notice process, as well as the cost implications of serving on all relevant tenants, are factored in when planning such disposals.Below we set out the qualifying requirements and the issues particularly relevant to mixed use properties. Where contracts are exchanged for the disposal before sufficient flats are sold, the subsequent completion will be exempt.

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