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