Section 5 Notices & Rights of First Refusal - Practical Guidance under the Landlord & Tenant Act

Introduction

Part I of the Landlord and Tenant Act 1987 gives qualifying tenants of flats a statutory right of first refusal when their landlord proposes to make a ‘relevant disposal’ of the building. Despite being on the statute book for nearly 40 years, the regime continues to catch practitioners out - the notice procedure is highly prescriptive, the time limits are unforgiving and a landlord who fails to comply commits a criminal offence while tenants gain enduring rights to pursue the new owner.

This virtual classroom seminar takes a practical, problem-led look at how the regime works in practice. It will include when a Section 5 Notice is required, how to draft and serve one that will withstand challenge and what tenants (and their advisers) should do on receipt. It addresses common pitfalls in identifying qualifying tenants and relevant disposals.

A recent case of note is SGL1 Ltd v FSV Freeholders Ltd [2026] EWCA Civ 267, which considers what amounts to a ‘building’ for the purposes of a notice served under Section 5 of the Landlord and Tenant Act 1987.

What You Will Learn

This live and interactive course will cover the following:

• Identifying qualifying tenants and the ‘building’ test
• What is (and isn’t) a relevant disposal - Section 4 exempt disposals
• Drafting the Section 5 Notice - content requirements under Sections 5A-5E, prescribed timing and the differences between sale, auction and grant of options
• The tenants’ response - acceptance procedure, the role of the nominated person and statutory time limits
• Consequences of non-compliance - criminal liability under Section 10A, the Section 11/11A right to information and tenants’ rights to pursue subsequent purchasers under Sections 12A-12D
• Recent case law update - the decisions every leasehold practitioner should know
• Q&A and practical tips for both landlord-side and tenant-side advisers

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.