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Landlord and Tenant Act 1987

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This is the original version (as it was originally enacted).

1Qualifying 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.

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