Landlord and Tenant Act 1987

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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. 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. Transfers from a body corporate to an associated company of that body (which must have been associated for at least 2 years). Pre-existing contractual obligation – a disposal pursuant to a contract entered into prior to 50% of the flats being held by Qualifying Tenants is an exempt disposal under the 1987 Act.

Once the qualifying criteria are met it is very difficult to avoid the 1987 Act although it is possible to try and rely on one of the above exemptions e. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The landlord must then wait at least two months before proceeding to exchange, even if all the tenants immediately respond in the negative.If this offer is not made, there are serious consequences, including, since 1996, criminal sanctions. If the LTA 1987 applies, the landlord must serve formal notices on the qualifying tenants as soon as possible after the terms of disposal are agreed. 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.

We pride ourselves on helping consumers and small businesses get greater access to their legal rights. My surveyor, Shaun, was knowledgeable, thorough and provided clear and concise reports detailing their findings and recommendations.

It is imperative that landlords seek expert legal advice in this regard from the outset to avoid potential pitfalls in the future. I recently turned to Peter Barry Chartered Surveyors with a tricky issue involving a party wall and our neighbour’s new loft, extension and gutters/downpipe rainwater flooding. Greenwoods Legal LLP Developers and landowners beware the pitfalls of the Landlord and Tenant Act 1987! It is not necessary to go into details of the alleged offences here; suffice to say the defendant landlord pleaded not guilty. What had been overlooked was that the relevant disposal took place on the date the auction contract was made (s.