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.