As a basic example, the 1987 Act would apply to the whole or a part of a building containing ten flats where at least six of those flats are owned by qualifying tenants. If this offer is not made, there are serious consequences, including, since 1996, criminal sanctions. It was our first time going through this process and they made it a straightforward and painless experience for us. Ensuring there are sufficient flats let to individuals on assured shorthold tenancies, although it can be difficult to ascertain whether tenancies are truly ASTs, i.

of the Magistrates Courts Act 1980: 'a magistrates' court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose'. This Part also does not apply to any such premises at a time when the interest of the landlord in the premises is held by an exempt landlord or a resident landlord. My surveyor, Shaun, was knowledgeable, thorough and provided clear and concise reports detailing their findings and recommendations.The notice must specify a period within which a requisite majority of Qualifying Tenants may accept the offer, being a period not less than 2 months starting from the date of service of the notice. Keeping the property in good condition and fit for human habitation; this includes maintaining the structure and exterior, the installations for water, gas, electricity, heating, and sanitation, and ensuring it is free from serious hazards. Whilst this might seem like a sure-fire way to sidestep marriage value altogether, in recent cases (ex: Arrowgame Ltd.

I was allocated Mr William Weaver who was a very professional, pleasant and attentive surveyor; as was his very efficient and equally attentive and agreeable administrator Ishrat. 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 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). As a result not only do we feel like we are walking into our house purchase with our eyes open, but we have already been able to get the seller to cover the cost of items we hadn't appreciated were even issues.I needed someone to act on my behalf regarding a Party Wall on a house that I rent out in East London. Where a landlord wishes to dispose of commercial premises which form part of a mixed use development, it could be caught under the LTA 1987 whereby Qualifying Tenants (see below) must be given first refusal in respect of any sales within the development. Under Section 1 of the LTA 1987, Qualifying Tenants have the right of first refusal on disposals made by a landlord unless a notice under section 5 of the LTA 1987 has previously been served on the Qualifying Tenants in respect of the disposal.

If you have concerns on how the Act may affect your plans our expert Real Estate lawyers can advise and guide you through any steps required to protect your interests. It also sets out what fees are allowed, how deposits are protected, and what penalties apply for breaking the rules. We used Peter Barry to carry out a Level 3 survey and were thoroughly impressed by both the organisation and communication when organising the survey but also the after care.

Although not the most affordable option, their teams are well organised and promptly responded to our queries. 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. Overall we could not have been happier with the service and feel we absolutely got full value for money. Thanks in particular to our surveyor Steve who answered the questions we had on the survey and to Joanne for arranging and delivering.