Mixed Use and Residential Tenants' Rights: The Landlord and Tenant Act 1987 and Leasehold Enfranchisement Book

Foreword and acknowledgements v

Table of Cases vii

Table of Statutes xi

Table of Statutory Instruments xix

1 Introduction to Mixed Use Buildings 1

2 Outline of the Impact of Residential Tenants' Rights on Mixed Use Properties 3

A The Landlord and Tenant Act 1987, Part I (as amended)-tenants' rights of first refusal 4

B The Leasehold Reform Act 1967 (as amended)-tenant's enfranchisement rights (houses) 6

C The Leasehold Reform, Housing and Urban Development Act 1993 (as amended)-collective enfranchisement (flats) 8

D The Commonhold and Leasehold Reform Act 2002-the right to manage 9

3 The Landlord and Tenant Act 1987, Part I (as amended)-Tenants' Rights of First Refusal 11

A Determining whether or not the 1987 Act applies 11

B If the 1987 Act does apply to the intended disposal, what must the landlord do before making the disposal? 16

C What happens then? 18

D After acceptance and nomination 19

E Exercising rights against a subsequent purchaser (where the 1987 Act has not been complied with) 23

Flowchart A Must the landlord comply with the 1987 Act in making a proposed disposal 25

Flowchart B Have the tenants protected their rights, or is the landlord free to sell the building? 26

Flowchart C Costs and other consequences of service of landlord's notice of withdrawal under section 9B 28

Flowchart D Costs and other consequences of nominated person's notice of withdrawal under section 9A 29

Flowchart E Tenants' rights following unauthorised disposal by landlord 30

4 The Landlord and Tenant Act 1987, Part I (as amended): Section by Section 31

5 Collective Enfranchisement Rights and Rights to Manage 191

A The Leasehold Reform, Housing and UrbanDevelopment Act 1993 (as amended)-collective enfranchisement (flats) 191

Flowchart F Collective enfranchisement: timetable and consequences 209

B The Commonhold and Leasehold Reform Act 2002-the right to manage 210

Flowchart G Right to manage timetable 218

6 Structuring to Avoid the Need for Compliance with the Acts 219

A The Landlord and Tenant Act 1987 219

B The Leasehold Reform, Housing and Urban Development Act 1993 and the Commonhold and Leasehold Reform Act 2002 225

C The 1993 Act and the estate management scheme 227

Appendices

A The Leasehold Reform, Housing and Urban Development Act 1993, Part 1, Chapter 1 (as amended) 229

B The Commonhold and Leasehold Reform Act 2002, Part II, Chapter 1 294

Index 331