Landlord and Tenant Act 1987

Product Information

Where the building has been wholly or partially constructed, it should still be possible to dispose of the building where less than 50% of the flats have been sold, although it is unclear whether the calculation should be done on the basis of the building so far constructed or on the basis of the intended finished product. Whilst only qualifying tenants of residential flats can exercise the right, the 1987 Act expressly refers to properties containing non-residential elements, so it is important not to fall into the trap of thinking that the right only applies to blocks of flats. As such, mixed use property owners may wish to take a proactive approach and seek advice during the early stages of a proposed transaction, or even when a development is being designed. He gave a huge amount of guidance and advice over the phone, walking us through all the points raised and giving very practical advice. Whether the draftsmen of the Act intended these far-reaching effects we will never know but, bearing in mind the sanctions for non-compliance, it is often best to tread with caution.

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.Therefore, where there is to be a disposal of existing property, it should be carefully considered as to whether the LTA 1987 applies before the property is marketed. What had been overlooked was that the relevant disposal took place on the date the auction contract was made (s.

e. a company within which the landlord holds voting shares) which has been associated for at least two years. 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.I would definitely recommend Peter Barry and William Weaver to anyone needing a surveyor and help with party walls. When acting for the purchaser of a qualifying building, therefore, it is important to check for compliance with the LTA 1987 on previous sales. It also gives you rights to request and challenge service charges, join a tenants’ association, and get your landlord’s name and address. I am really grateful to James Merewhether and his team for a very professional and friendly service which helped to resolve a dispute that lead to a party wall agreement. 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.