Part IIIU.K. Landlord and Tenant

Chapter IU.K. TENANTS’ RIGHTS

Right of first refusalE+W

93 Duty of new landlord to inform tenant of rights.E+W

(1)In the M1Landlord and Tenant Act 1985, after section 3 (duty to inform tenant of assignment of landlord’s interest) insert—

3A Duty to inform tenant of possible right to acquire landlord’s interest.

(1)Where a new landlord is required by section 3(1) to give notice to a tenant of an assignment to him, then if—

(a)the tenant is a qualifying tenant within the meaning of Part I of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal), and

(b)the assignment was a relevant disposal within the meaning of that Part affecting premises to which at the time of the disposal that Part applied,

the landlord shall give also notice in writing to the tenant to the following effect.

(2)The notice shall state—

(a)that the disposal to the landlord was one to which Part I of the Landlord and Tenant Act 1987 applied;

(b)that the tenant (together with other qualifying tenants) may have the right under that Part—

(i)to obtain information about the disposal, and

(ii)to acquire the landlord’s interest in the whole or part of the premises in which the tenant’s flat is situated; and

(c)the time within which any such right must be exercised, and the fact that the time would run from the date of receipt of notice under this section by the requisite majority of qualifying tenants (within the meaning of that Part).

(3)A person who is required to give notice under this section and who fails, without reasonable excuse, to do so within the time allowed for giving notice under section 3(1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale..

(2)In section 32(1) of the M2Landlord and Tenant Act 1985 (provisions not applying to tenancies within Part II of the M3Landlord and Tenant Act 1954), for “sections 1 to 3” substitute “ sections 1 to 3A ”.

Modifications etc. (not altering text)

C1S. 93 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2),Sch. para. 2

Marginal Citations