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ARTICLE · 06 NOVEMBER 2018

Right Of First Refusal

Leaseholders of qualifying property have the right of first refusal to purchase the freehold of their block when the landlord wishes to sell

United KingdomReal Estate and Construction

Leaseholders of qualifying property have the right of first refusal to purchase the freehold of their block when the landlord wishes to sell. Owning the freehold can offer leaseholders the freedom to appoint managing agents, deal with lease extensions, control the purchase of buildings insurance and maintenance contracts.

The right of first refusal (RFR) is governed by Part 1 of the Landlord and Tenant Act 1987 ("the Act"). Where a landlord proposes to sell the freehold interest in a block of flats, by law, he must first offer to sell to the leaseholders. This is achieved by following a notice procedure set down by the Act.

For landlords, it is a very important process. Failure to follow the notice procedure is a criminal offence and landlords are liable to a fine of up to £5,000. Therefore, it is important to ensure that the correct procedure is put in place.

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