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Landlord and Tenant Act 1987

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A wide range of disposals are caught, including, for example, the grant of an option, or the disposal of some airspace next to the building.

If you have concerns on how the Act may affect your plans our expert Real Estate lawyers can advise and guide you through any steps required to protect your interests. This would preferably be put in place (or at least the agreement for lease entered into) before a sufficient number of flats are sold, meaning that the formal notice procedure can be avoided. There are some limited exemptions which include the grant of a tenancy of a single flat; the grant of security for a loan and a disposal to an associated company (provided that it has been associated for at least two years). The 1987 Act provides a wide definition of "qualifying tenants" which includes any tenant of a flat under a tenancy, save for some specific exceptions including business tenancies and ASTs.This may seem like a simple exclusion, but case law has determined that areas such as a caretaker’s flat are to be deemed common parts. 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. Very happy with the Level 3 Building Survey we requested from Peter Barry Greenwich - it was constructed promptly and was very helpful. You also have to follow a certain procedure to renew or end your lease, which involves giving notices, negotiating terms, and going to court if needed. The notice must specify a period within which a requisite majority of Qualifying Tenants may accept the offer, being a period not less than 2 months starting from the date of service of the notice.

The informations were laid and the summonses were issued exactly 6 months after the date of completion. The final report was of a high standard and has helped me understand what additional issues/ costs I may face not only immediately but also in future. Whilst this might seem like a sure-fire way to sidestep marriage value altogether, in recent cases (ex: Arrowgame Ltd. In new developments – an agreement for sale before any flats are subject to leases or agreements for lease; or using an SPV (special purpose vehicle) to hold the premises (before the development takes place).Winckworth Sherwood LLP is a limited liability partnership registered in England and Wales with the registered number OC334359 and is authorised and regulated by the Solicitors Regulation Authority. The subject building must contain two or more flats held by qualifying tenants and the number of flats held by qualifying tenants must exceed 50% of the total number of flats contained in the building. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.

Famously described as “ill drafted, complicated and confused,” this Act is also renowned for its sanctions.The LTA 1987 covers a wide range of disposals by the tenants’ immediate landlord, even disposals of the common parts alone, but this note will concentrate on disposals of the landlord’s reversionary interest. Justin and Ishrat were very responsive, the report was pulled together extremely quickly and was very comprehensive and easy to understand. It also gives you rights to request and challenge service charges, join a tenants’ association, and get your landlord’s name and address. I found the structural survey to be very straightforward to read through, and the surveyor (Andrew) helpfully talked through certain points over the phone at no extra cost. Even when there was an issue gaining access to the property for the survey, they were very accommodating and made no issue about rearranging - would recommend!

Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously. James and the team were fantastic: so responsive to questions, really knew their stuff and kept me updated every step of the way. As such, owners of mixed use buildings will need to consider the right of first refusal when granting leases of commercial units. Peter Barry Surveyors came highly recommended to us from a friend who had purchased a house in a similar area to us. The landlord must then wait at least two months before proceeding to exchange, even if all the tenants immediately respond in the negative.Adopting Carney-Morgan as a guide it can be concluded that, where marriage value is a consideration, acquiring the freehold under the 1987 Act ought to in all cases be significantly cheaper than collectively enfranchising under the 1993 Act. In an attempt to satisfy the tenants and end the litigation the landlord then transferred the freehold back into his name for no consideration.

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