Part I Tenants’ Rights of First Refusal
Preliminary
4AF1 Application of provisions to contracts.
1
The provisions of this Part apply to a contract to create or transfer an estate or interest in land, whether conditional or unconditional and whether or not enforceable by specific performance, as they apply in relation to a disposal consisting of the creation or transfer of such an estate or interest.
As they so apply—
a
references to a disposal of any description shall be construed as references to a contract to make such a disposal;
b
references to making a disposal of any description shall be construed as references to entering into a contract to make such a disposal; and
c
references to the transferee under the disposal shall be construed as references to the other party to the contract and include a reference to any other person to whom an estate or interest is to be granted or transferred in pursuance of the contract.
2
The provisions of this Part apply to an assignment of rights under such a contract as is mentioned in subsection (1) as they apply in relation to a disposal consisting of the transfer of an estate or interest in land.
As they so apply—
a
references to a disposal of any description shall be construed as references to an assignment of rights under a contract to make such a disposal;
b
references to making a disposal of any description shall be construed as references to making an assignment of rights under a contract to make such a disposal;
c
references to the landlord shall be construed as references to the assignor; and
d
references to the transferee under the disposal shall be construed as references to the assignee of such rights.
3
The provisions of this Part apply to a contract to make such an assignment as is mentioned in subsection (2) as they apply (in accordance with subsection (1)) to a contract to create or transfer an estate or interest in land.
4
Nothing in this section affects the operation of the provisions of this Part relating to options or rights of pre-emption.