Part I Tenants’ Rights of First Refusal
Preliminary
1 Qualifying tenants to have rights of first refusal on disposals by landlord.
1
A landlord shall not make a relevant disposal affecting any premises to which at the time of the disposal this Part applies unless—
a
he has in accordance with section 5 previously served a notice under that section with respect to the disposal on the qualifying tenants of the flats contained in those premises (being a notice by virtue of which rights of first refusal are conferred on those tenants); and
b
the disposal is made in accordance with the requirements of sections 6 to 10.
2
Subject to subsections (3) and (4), this Part applies to premises if—
a
they consist of the whole or part of a building; and
b
they contain two or more flats held by qualifying tenants; and
c
the number of flats held by such tenants exceeds 50 per cent. of the total number of flats contained in the premises.
3
This Part does not apply to premises falling within subsection (2) if—
a
any part or parts of the premises is or are occupied or intended to be occupied otherwise than for residential purposes; and
b
the internal floor area of that part or those parts (taken together) exceeds 50 per cent. of the internal floor area of the premises (taken as a whole);
and for the purposes of this subsection the internal floor area of any common parts shall be disregarded.
4
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.
5
The Secretary of State may by order substitute for the percentage for the time being specified in subsection (3)(b) such other percentage as is specified in the order.