Right of first refusal under the Landlord and Tenant Act 1987: scope, qualifying tenants, relevant disposals, section 5 notices, enforcement, remedies and avoidance strategies (England and Wales)

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note looks at the effect of Part 1 of the Landlord and Tenant Act 1987

This Practice Note explores Part 1 of the Landlord and Tenant Act 1987, addressing:

When the right of first refusal is engaged
The landlord’s duty to sever transactions so buildings are disposed of separately
How to identify a relevant landlord, a qualifying tenant, and a relevant disposal
The process for serving offer and acceptance notices, and what happens if tenants do not accept
Enforcement, tenants’ rights against a purchaser, and avoidance methods

Under Part 1 of the LTA 1987, qualifying tenants of flats are afforded a right of first refusal, allowing them to acquire their landlord’s interest if and when the landlord proposes to dispose of it. The right operates in negative form: the landlord is barred from making a relevant disposal unless a notice complying with section 5 of the 1987 Act (a ‘section 5 notice’) is first served on the qualifying tenants, and the transaction then proceeds in accordance with the statutory framework. Those statutory requirements are intended to ensure that, once it is established that the tenants do not wish to exercise their rights on the specified terms, the landlord cannot...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Louise Clark

Louise Clark Mediation

During a career spanning more than 30 years as a solicitor with Charles Russell Speechlys LLP Louise advised on all aspects of residential and commercial property disputes and established a reputation for assisting clients to achieve their objectives through negotiation, mediation or litigation. Louise is also a CEDR and ADR accredited mediator and has developed extensive experience in mediation of property disputes. Since retiring from Charles Russell Speechlys LLP in April 2021 Louise has focused on writing for property publications and developing her mediation practice. For more details visit www.louiseclarkmediation.co.uk. ...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...