Notice of right to buy landlord interest: LTA 1985 s. 3A
New landlords must notify qualifying tenants in writing of their right to acquire the interest under Part I of LTA 1987. Failure carries a level 4 fine.
Where a new landlord is required by section 3(1) to give notice to a tenant of an assignment to him, then if— the tenant is a qualifying tenant within the meaning of Part I of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal), and the assignment was a relevant disposal within the meaning of that Part affecting premises to which at the time of the disposal that Part applied, the landlord shall give also notice in writing to the tenant to the following effect. The notice shall state— that the disposal to the landlord was one to which Part I of the Landlord and Tenant Act 1987 applied; that the tenant (together with other qualifying tenants) may have the right under that Part— to obtain information about the disposal, and to acquire the landlord’s interest in the whole or part of the premises in which the tenant’s flat is situated; and the time within which any such right must be exercised, and the fact that the time would run from the date of receipt of notice under this section by the requisite majority of qualifying tenants (within the meaning of that Part). A person who is required to give notice under this section and who fails, without reasonable excuse, to do so within the time allowed for giving notice under section 3(1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When ownership of a residential building is assigned to a new landlord, that landlord must give written notice to qualifying flat tenants regarding their rights under right-of-first-refusal law.
The notice must explicitly inform tenants that the transfer fell under Part I of the Landlord and Tenant Act 1987, that they may have the right to obtain information and acquire the landlord's interest, and that the deadline to act runs from when the required majority of tenants receive notice.
Failing to provide this written information without reasonable excuse within the time frame allowed for new landlord identity notices is a summary criminal offence, carrying a fine up to level 4 on the standard scale.
When it applies
- A new landlord sends flat leaseholders a change-of-landlord notice but fails to mention their right of first refusal to acquire the freehold.
- A leaseholder receives a transfer notice that omits the details explaining that the time limit to buy the freehold runs from notice receipt by a majority of tenants.
- A group of qualifying tenants checks whether a non-compliant purchaser committed an offence by ignoring s. 3A notice requirements.
What this section does not say
- The initial procedure requiring landlords to offer a property to tenants before selling it on the open market (governed by the Landlord and Tenant Act 1987).
- Personal liability of corporate directors when a company landlord fails to give this notice (see lta1985s.33).
- The power of a local council to institute legal proceedings for housing offences (see lta1985s.34).
Related sections
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This page reproduces the text of LTA 1985 s. 3A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.