Section 3a Notice to leaseholder

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    Section 3a Notice to leaseholder

    We have recently acquired the entire freehold for a converted house in which we have also purchased a flat. The seller did issue section 5a right for first refusal notices and all came back declining the offer. As the purchaser do we have to issue section 3a notices to the leaseholders? and does this notice give them the opportunity to buy the freehold again?
    any help please, very confused

    #2
    No it doesn't. It is a statutory notice that has to be served advising the leaseholders of their rights in relation to the sale of the freehold.

    Providing the R2FR process was followed, then there is nothing to worry about. failing to serve the notice is an offence, so you must serve it.

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      #3
      Thank you for coming back to my question so quickly.

      Just a small further question on this topic, the lease advice website says the notice should include the following;

      ''that the tenant (together with the other qualifying tenants) has the right:
      -to obtain information about the disposal; and
      -to acquire the new landlord's interest in the building;
      -the time limits in which these rights may be exercised.''

      Do you know the time limits that are required for this notice?

      Thank you so much

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        #4
        Hi, Was the previous freeholder also in residence and how many flats are there?

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          #5
          frag,

          There is no specific time limit to serve the section 3a notice. Once served the leaseholders have 4 months to respond.

          But if everything was done correctly and the leaseholders all rejected the R2FR offer notice then you have nothing to worry about.

          It may be that the R2FR did not apply if the former freeholder lived in the flat but was advised to serve notice anyway to avoid any future complications.

          There is another notice that must be served, a section 3 notice and this must be served a day before the next rent is due.

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            #6
            Hi madmaxwell,

            The freeholder was in residence but had the freehold in a company's name, there are 4 flats in total.

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              #7
              Who are the directors of the freehold company, Just you or do the 4 flats all have one share in the freehold company.
              Who is looking after the property now.
              Who sets the service charges.
              Is there a managing agent ( high street ) who does this.
              Are you aware of who runs the place, how much money is in the bank belonging to the leaseholders of the flats.
              and many more questions you should ask yourself if you don't know the answers to above.

              Am just keeping you "on the ball" in case all this is new to you.

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                #8
                I thought the LH get another right of refusal if you paid less than the price the FH offered it to the LHs at.

                Assuming there was a first refusal right that is.

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                  #9
                  The landlord cannot sell the FH on better terms or a lower price than offered in the original notice within 12 months.

                  That is part of the reason for the S3a advising the LH of their rights.

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