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Right of first refusal


See the article "Developers beware! The pitfalls of tenants' rights of first refusal and collective enfranchisement" by Radevsky, Dollar and Thompson-Copsey - Some practical guidance on how to avoid the pitfalls.

This page deals with the following points:
  • Definition of "building"

  • Defects in different notices

  • Rectification and the right of first refusal

  • Service of documents

"Building"

Definition of "building" to include airspace

Dartmouth Court Blackheath Limited v Berisworth Limited
[2008] EWHC 350 (Ch)

Summary

Part 1 of the Landlord and Tenant Act 1987, broadly speaking, gives residential tenants the right of first refusal where their landlord proposes to dispose of an interest in the premises in which their flats are situated. The premises must consist of the whole or part of a building. The Act does not define "building". In this case, the High Court held that the tenants of a block of flats should have been offered ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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