We are seeing many more cases where we are being required to serve notices under s5 Landlord and Tenant Act 1987 in relation to Tenants’ of long residential leases right of first refusal. Where a Landlord wants to sell the whole or part of his property, or grant a lease of, for example, commercial premises in the same block, he must first offer his residential tenants the same deal on the same terms. Although this is easy to spot where a Landlord is selling the entire freehold, it is essential to remember that this applies to all sorts of dispositions of the Landlord’s interest, be it the grant of a lease of a non-residential part of the property, for example a lease of a shop below the flats, or creating a lease of some common area like gardens or parking areas. Make sure you get it right by taking appropriate legal advice from us before entering into any sort of negotiations. Failure to comply is a criminal offence and has some pretty hefty implications. If you would like to talk to someone about this area of law, get in touch with the Business Team on 020 8502 3991.