LandlordZONE

24

Apr, 2014

Thursday

Results 1 to 6 of 6
  1. #1
    Join Date
    Jun 2006
    Posts
    295

    Default Meaning of the word 'Disposal'

    Hello everyone,
    I'm involved as claimant/tenant in a case of breach of the Right of First Refusal that took place before the introduction of the 1996 amendments to the L &T act 1987.
    I am looking for case law or statutary reference that predates January 1996 that clarifies the meaning of a Disposal [in this instance an actual sale of the freehold] which was part of a larger national portfolio that was disposed of at the same time.
    What I am trying to isolate is the true date of the disposal. A letter addressed to 'the householder' and written by the vendor was dated 5th January ..."Today freehold has been sold..." The letters were not issued for more than a month; and even then delivered by the new owner accompanying his own letter which alegedly satisfied a section 3 notice, but also was a demand for rent, section 46 ? and a request for insurance documents under the terms of the lease. A section 3 notice had to be issued within 2 months of the disposal.
    I believe that the whole transaction was a scam to avoid tenants rights, and that those 'to the householder' notices were just a creation to suit; and that the disposal actually occurred some time before.

    Is there pre 1996 case law that shows that a disposal[sale] takes place at exchange of contracts or immediately after an auction when liabilities for breach of contract can arise?
    Thank you for any pointers
    Mark

  2. #2
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,411

    Default

    See s.4 (and s.4A, but this was inserted by 1996 Act so is irrelevant to your query).
    By s.4(3), "disposal" means creation or transfer of an estate or interest. I take this to demand a Deed rather than a contract; s.4Aproves my case, by applying s.4 to a contract (i.e. s.4 does not otherwise apply to a contract).
    The Act does not directly link to LRA 2002, so it must be the date of the Deed (not registration of title) that counts.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums...ad.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link) or use Topic Expert page.

  3. #3
    Join Date
    Dec 2006
    Posts
    1,076

    Default

    Is it a leasehold flat or leasehold house?

  4. #4
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,411

    Default

    Quote Originally Posted by sgclacy View Post
    Is it a leasehold flat or leasehold house?
    Must be flat: RFR does not apply to house.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums...ad.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link) or use Topic Expert page.

  5. #5
    Join Date
    Dec 2006
    Posts
    1,076

    Default

    Quote Originally Posted by jeffrey View Post
    Must be flat: RFR does not apply to house.
    As his post he reffered to a letter addressed to him as "householder" I was thinking it might be a house rather than a flat . Also the fact they asked for insurance arrangements, whilst not conclusively pointing to a house, is more likely to be a house than a flat. Hence my question. Because as you know the rights of first refusal do not apply in the same way to leasehold houses and I wanted to get the facts certain in my mind before posting

  6. #6
    Join Date
    Jun 2006
    Posts
    295

    Question

    Hi
    Thanks for your replies. I've been busy. These are maisonettes in blocks of 4 laid out in vertically severable pairs. I must recheck the terminology of the letter (It's buried somewhere) but I'm sure it refers to resident/ householder maybe 'owner' .
    The area of RFR is quite complicated especially around the loophole discovered by some astute landlords prior to the 1996 amendments.

    My reasoning is that purchasers not notifying tenants of their rights under section 11 when using a section 3 '85 Act notice, renders Section 18 notices redundant.
    It has been argued by the defence that Parliament assumed that tenant has knowledge of the '87 act in this instance. This creates a paradox because Parliament requires the tenant to have no prior knowledge when a Section 5 vendors notice is issued [vendor did not issue in my case] and no prior knowledge when a prospective purchaser uses the Section 18 notice to exempt the properties; yet within possibly a few days of a prospective purchaser deciding not to use the Section 18 notice he can become a purchaser and effectively alter the education level of a tenant by only writing to the tenant and mentioning nothing more than name address and that he is a new landlord...

    The 1996 Act clearly states that it is an act to 'simplify' existing law. One of my lines of defence [er attack!] I'm considering is that some of the notices purporting to be Section 3 notices were out of time [2 months after disposal] and thus as 'documents of any other description' required to contain more information [as argued by the defence in my case] that the SAVVA case was referring to in the Obiter.

    If anyone can shed light on the last paragraphs of the SAVVA case as I believe that LJ CHADWICK was referring to all notices under Section 11 and 12 and not just 'documents of any other description'...

    If I could be directed to some case law that I'm sure must exist prior to 1996 that decides the 'disposal ' date I'd appreciate it.

    Finally, I find it impossible to reconsile within Pt1 of the '87 Act Section 4 (2) (i) (i) with Section 4 (3) (a) wrt pre-emptions

    Thanks for any help at all
    Regards
    Mark

Similar Threads

  1. Help me word letter to tenant defaulting on rent
    By Mina in forum Residential Letting Questions
    Replies: 7
    Last Post: 10-08-2006, 21:40 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •