Notifying a leaseholder re change of landlord

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    Notifying a leaseholder re change of landlord

    Hi,

    I was hoping you could assist in my query.

    A house currently consists of 2 flats, the 1st floor flat is leasehold. The groundfloor was brought my brother along with the freehold of the entire property. The first floor leaseholders were fine then, however, due to some disagreements now, they have said failure to notify the leaseholder in the change of landlord is a criminal offence.

    They were informed at the time of the purchase and are now just being akward.

    Is there a legislation in place which states the leasholder should have been informed in writing by the landlord?

    Many Thanks

    Andrew

    #2
    See s.3 of LTA 1985 and s.48 of LTA 1987. There are lots of threads about them (try Search or MacroSearch).
    Failure to serve under s.3 is a criminal offence.
    Failure to serve under s.48 is a civil offence, resulting in an inability to demand rent.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      My view is the other leaseholder can do little about the situation.

      1. If there is no lease at all in realtion to the flat your brother bought, the L&T Act 1987 does not even apply, as there is only one "leasehold" flat in the building.

      2. If however there are two flats both subject to their own leases, the Act would apply, but if the matter was ever heard before a court, the fact of the matter is the complaining leaseholder could NOT have done anything about it. The Act states that 51% or more leaseholders can only accept a notice of first refusal. If the complaining leaseholder could not accept the notifce on their own, there is an argument the notices are not required to be served in the first place.

      However, with all these situations, it's always best to serve the notice in any event, in order to achieve a practical solution, which is the avoid the leaseholder complaining in the first place. All well and good in hindsight.

      Good luck with the neighbours!

      Comment

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