Q&As

A building consists of two flats where the freeholder has already granted a long lease of one of the flats and it is intended that on the same date: the freeholder will grant a long lease of the other flat to a second tenant, and the freeholder will gift the freehold to the two tenants (in equal shares). Does the tenants’ right of first refusal under the Landlord and Tenant Act 1987 apply to the gift of the freehold?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on: 18 February 2019
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Part I of the Landlord and Tenant Act 1987 (LTA 1987) applies to premises which consist of the whole or part of a building, which is to be assumed is the case here, which contain two or more flats held by qualifying tenants and the number of flats held by qualifying tenants exceeds 50% of the total number of flats in the premises. In this case, the building comprises two flats both of which are held or will be held on long leases and so will be held by qualifying tenants. As a result, when the second long

Helen Galley
Helen Galley

XXIV Old Buildings

Helen has built up a reputation as a well-respected commercial Chancery practitioner with an emphasis on property and trusts related issues. She has built up extensive and wide ranging expertise in both non contentious and contentious property matters ranging from small scale cases to multi-million pound developments. Helen has also acted in a wide range of commercial and business disputes in areas as diverse as travel, hire purchase, the media, entertainment, IPR, IT and e-commerce. Contentious and non-contentious trusts matters, both on and offshore, are a regular feature of her caseload. Helen is a member of STEP, ACTAPS, the Property Bar Association, the Chancery Bar Association and IAL as well as an accredited mediator. Helen is recommended as “a first-rate advocate” in Legal 500 2015 for private client (trusts and probate), partnership and professional negligence. She is said to be “consistently able to provide excellent advice in a charming and friendly style” and is “responsive, hugely supportive and extremely user-friendly”.

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United Kingdom
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