Pre-emption rights under the 1987 Act – risks and remedies

Owning or disposing of a block of flats or mixed-use building is significantly complicated by residential tenants’ pre-emption rights under the Landlord and Tenant Act 1987—famously described as “ill drafted, complicated and confused”. These rights allow qualifying tenants to step into the shoes of a proposed purchaser, often before terms are finalised. Non-compliance is not only procedurally risky but can amount to a criminal offence and give tenants rights against third-party purchasers.

This webinar explores the key problem areas arising in practice and provides practical guidance on navigating them.

Topics covered include:

• Recognising a proposed ‘disposal’ caught by the Act & the problem with commercial leases: Dartmouth Court;
• What is a building and why is it important? The view from the Court of Appeal in FSV Freeholders v SGL;
• What are the ‘principal terms’ the notice must contain? S Franses v Block 6 Ashley Gardens;
• Rights against the purchaser: Green v Westleigh Properties Limited; Maloney v Gosal
• Proposals for reform?