Landlord and Tenant Act 1987

Product Information

Experienced commercial property lawyer Nicola Sutton has joined national law firm Clarke Willmott LLP as a partner in its Southampton office. This was because the tenants’ time period for serving a purchase notice starts to run from the date on which the tenants are either told or find out that a disposal has been made in breach of the LTA 1987, which can be many years later. 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. The follow up service was also exceptionally good, with a walkthrough of the issues raised in the report in plain English, including e. However, the case still provides a neat demonstration of the potentially serious consequences of not complying with the LTA 1987 in a case where no exemption is available.

His continued support, and regular updates were well appreciated ; Ben made sure he stays on top of matters, and led the way to a successful transaction’. The Landlord and Tenant Act 1987, which applies if there is another landlord between you and the freeholder. 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. However, considering the LTA 1987 from the outset when purchasing new properties or development land may avoid potential problems on a future sale.His expertise and efficiency in completing the third party wall notices and agreement was invaluable and helped take the stress out of the process. Due to the need to understand the headline results earlier than the hard copy report Joanne was brilliant in facilitating an early chat with the surveyor who walked us through the key bits.

Excellent communication throughout the process and rapid response - survey and report completed within 10 days of booking. Following service of the notice, the tenants have two months to decide if they want to take the lease. Unhelpfully, the LTA 1987 does not define “building” and there have been several cases on this definition; although none of these cases considered a development site or partially built property. There are serious consequences for non-compliance, such as potential criminal charges, and late identification of whether the right applies could result in significant delay or disruption to the proposed transaction. The report was exceptionally detailed and comprehensive, very often including details and recommendations which I would not have expected e.Once a notice has been served you can’t dispose of the property on more favourable terms than those contained in the notice; this will severely limit the scope for renegotiating terms (although this could also be a blessing in disguise as it would also prevent the incoming commercial tenant from trying to renegotiate the transaction at the 11 th hour). I was very impressed with the service I received and how quickly they were able to deal with the party wall agreement, the service was excellent, very professional and efficient. The definition of a “qualifying tenant” is a tenant of a flat under a tenancy except for a list of excluded tenancies such as an assured shorthold tenancy. Transfers from a body corporate to an associated company of that body (which must have been associated for at least 2 years). Creation of a headlease – the grant of a lease superior to the Qualifying Tenants’ leases may allow disposal of the commercial premises without triggering the 1987 Act.