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Tenants’ Right of First Refusal (LTA 1987): Checklist on Relevant Disposals, Premises Tests, Qualifying Tenants, Requisite Majority, Offer Notices and Post-Acceptance Steps (England and Wales)

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The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions. This checklist sets out the principal issues to assess when handling a disposal of a property interest that is (or might be) subject to the tenants’ right of first refusal under the Landlord and Tenant Act 1987 (LTA 1987). For more detail and comprehensive guidance, see Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987.

Landlord

  • Is the intended transferor ‘the landlord’?
  • If yes, is the landlord ‘exempt’ or ‘resident’? In either situation, the right of first refusal does not arise.

Disposal

  • Is the landlord entering into an arrangement amounting to a ‘disposal’ (including a contract to create or dispose of an estate or interest in land, an assignment of rights under such a contract, or a contract to assign rights under such a contract)?
  • If so, is it a ‘relevant disposal’, ie not the grant of a tenancy of a single flat (with or without appurtenant premises) or any other disposal excluded under LTA 1987?...
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Louise Clark
Louise Clark

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 20/05/2026

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