In a case where a freeholder failed to offer qualifying tenants the right of first refusal, under the Landlord and Tenant Act 1987 prior to granting roof space leases, the High Court held that a tenants’ s19 default notice was valid. It also held that the court at first instance had not been wrong in declining to exercise its discretion not to order the transfer of the leases and that the “principal terms” of the contract may be more than simply the consideration, even if not in fact included within the original contract.
Landlord and Tenant Act 1987
Landlord and Tenant Act 1987, Part I
Article contributed by Sarah Thompson-Copsey Sarah Thompson-Copsey examines a recent ruling by the Court of Appeal concerning the Landlord and Tenant Act 1987, Part I. The focus is specifically on tenants' pre-emption rights, s5 notices, principal terms, and...