Freeholder dies - will this trigger First Right of Refusal?

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  • Lawcruncher
    replied
    Originally posted by sgclacy View Post
    What the clause is stating is that a surrender of a tenancy and the grant of an option or right of preemption is a disposal except where it arises under the terms of a will or as the result of intestacy
    Nice try, but no!

    (a) includes the surrender of a tenancy and the grant of an option or right of pre-emption, but

    (b) excludes a disposal under the terms of a will or under the law relating to intestacy;


    has the same effect as

    (a) excludes a disposal under the terms of a will or under the law relating to intestacy; but

    (b) includes the surrender of a tenancy and the grant of an option or right of pre-emption;


    What is excluded is a transfer to a beneficiary under a will or intestacy. A sale by personal representatives is not excluded.

    Leave a comment:


  • sgclacy
    replied
    Originally posted by Lawcruncher View Post
    See section 4(3)(b) of the Landlord and Tenant Act 1987:

    In this Part “disposal” means a disposal whether by the creation or the transfer of an estate or interest and—

    (a) includes the surrender of a tenancy and the grant of an option or right of pre-emption, but

    (b) excludes a disposal under the terms of a will or under the law relating to intestacy;

    and references in this Part to the transferee in connection with a disposal shall be construed accordingly.
    What the clause is stating is that a surrender of a tenancy and the grant of an option or right of preemption is a disposal except where it arises under the terms of a will or as the result of intestacy

    if all transfers under a will were exempt large swaths of that section 4 would become unnecessary

    Leave a comment:


  • Lawcruncher
    replied
    See section 4(3)(b) of the Landlord and Tenant Act 1987:

    In this Part “disposal” means a disposal whether by the creation or the transfer of an estate or interest and—

    (a) includes the surrender of a tenancy and the grant of an option or right of pre-emption, but

    (b) excludes a disposal under the terms of a will or under the law relating to intestacy;

    and references in this Part to the transferee in connection with a disposal shall be construed accordingly.

    Leave a comment:


  • sgclacy
    replied
    Originally posted by Lawcruncher View Post
    No. A disposal under the terms of a will or under the law relating to intestacy is excluded.
    I do not believe that to be correct

    If the transfer is made pursuant to section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 then it is exempt and a transfer to a spouse is exempt - and rather generously a transfer made between couples who live as husband and wife

    But a transfer under a will to say a friend would not be covered

    Leave a comment:


  • Lawcruncher
    replied
    No. A disposal under the terms of a will or under the law relating to intestacy is excluded.

    Leave a comment:


  • Freeholder dies - will this trigger First Right of Refusal?

    I am a leaseholder in a block of 4 qualifying leasehold flats. The freeholder unfortunately died. It seems that his interest has now been taken up by his wife. If there has been a change of name in the freehold title deeds to reflect this change, should this have triggered first right of refusal procedures?

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