Overcoming tenants' rights of pre-emption

Aldford House concerned collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 rather than the right of pre-emption in the 1987 Act, but with similar statutory definitions you would expect the same result. In a typical mixed-use building comprising ground-floor...

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Bibliographic Details
Published in:The Estates Gazette 2020-09, p.44-46
Main Authors: Janvier, Jane, Chandler, Bill
Format: Magazinearticle
Language:English
Subjects:
Leases
Site planning
Tenants
Online Access:Get full text
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Summary:Aldford House concerned collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 rather than the right of pre-emption in the 1987 Act, but with similar statutory definitions you would expect the same result. In a typical mixed-use building comprising ground-floor retail unit with residential floors above, is the grant of a rack rent lease of the shop a relevant disposal that must be offered to the residential tenants first? While there is no direct judicial authority on this important point, Warren J's judgment in Dartmouth Court Blackheath Ltd v Berisworth Ltd [2008] EWHC 350 (Ch); [2008] 2 EGLR 141 implies that the 1987 Act does indeed apply to the grant of a lease of commercial premises within the building.
ISSN:0014-1240
2059-5123