the number of flats held by such tenants exceeds 50% of the total of flats contained in the premises. The 1987 Act does not apply to buildings in which greater than 50% of the internal floor area is occupied for non-residential purposes. This is the first time we worked with Peter Barry Surveyors to survey our plans for a loft room conversion.

Thank you to you both for putting my mind at rest and outlining a plan in resolving my issue going forward. Therefore, if there is a headlease of the flats only, it is important to check the demise of the headlease carefully and review the rights granted in the flat leases. Therefore, in situations where the residential parts are held under a head lease, a disposal of the freehold would not be caught by the 1987 Act.As a result, the county court held that the tenants were entitled to purchase the freehold on the same terms as the second transfer – for no consideration. Furthermore, you can only serve one notice in any 12-month period, so you will have defer serving a fresh notice if you want to dispose on new terms, with the likelihood that you will lose your prospective tenant. The report itself arrived promptly as agreed and answers to our constant questions during the process were all communicated swiftly and kindly to us.

Furthermore, the definition of qualifying tenant includes a tenant who has exchanged an agreement for lease, even if the lease has not yet been granted.

In mixed-use premises where the above criteria is met, the landlord cannot, for example, grant a lease of a commercial unit without first making an offer to the qualifying residential tenants. An Act to confer on tenants of flats rights with respect to the acquisition by them of their landlord's reversion; to make provision for the appointment of a manager at the instance of such tenants and for the variation of long leases held by such tenants; to make further provision with respect to service charges payable by tenants of flats and other dwellings; to make other provision with respect to such tenants; to make further provision with respect to the permissible purposes and objects of registered housing associations as regards the management of leasehold property; and for connected purposes.

They were very professional, everything progressed in a timely manner and the report was exactly what we needed.The follow up service was also exceptionally good, with a walkthrough of the issues raised in the report in plain English, including e. Mixed use development – a developer could plan a mixed use development to ensure greater than 50% of each building on the development is non-residential.