wingrovebuyer : Hello. Are the tenants you mention leaseholders in flats or tenants of private landlord(s)? Who is proposing the redevelopment please?
Ashleys LLP is working closely with the local council in relation to a redevelopment of a block of flats in the East end of London into a mixed-use retail and office scheme. The Council are very keen to redevelop. Some of the current tenants in the block do not like this proposal and are not willing to move, and some of the nearby landowners have turned down offers from Ashleys sell up.
What are the legal issues which arise and how are they to be solved
wingrovebuyer : Thanks. Is this a theoretical question or a real event? I can help with either but my method of response will differ, hence why I'd like to know. Thanks.
It is a theoretical question but we are to give as realistic a response as possible (the most practical response that a solicitor would give to a client).
wingrovebuyer : Ok, thanks. Well, the legal issues are:
wingrovebuyer : 1. What type of tenancies do the occupants who won't move have? Presumably they are council tenants and they may have secure residential tenancies, including Rent Act tenancies.
wingrovebuyer : The Council and Ashleys need to consider this, and see how these tenancies can be terminated.
wingrovebuyer : 2. The neighbouring land owners may not wish to sell up. However, the council could invoke Compulsory Purchase powers to buy the land regardless.
wingrovebuyer : They would need to attempt further negotiations to buy the land without using CPO powers, but ultimately they could buy the land at market value to allow the redevelopment to go ahead. The council would need to have progressed the plans to a sufficient stage and exhausted discussions with the owners before invoking the Compulsory Purchase a order.
wingrovebuyer : Accordingly, my advise to Ashleys LLP would be to discuss wi the council the possibility of using CPO powers, and to get the legal framework in place if negotiations with landowners fail.
If they do have residential tenancies, including rent act tenancies what could the tenants do? How could Ashleys terminate the tenancies? would the Landlord and tenants act 1987 be of any relevance and could the landowners do anything to prevent a CPO?
what legal framework could Ashleys put into place if the negotiations fail?
I am very stressed as I need to give a presentation on this so please, please do answer my questions..
wingrovebuyer : Sorry, I am sensing that the level of detail you require is not something I can go into on this site. I think it's best I opt out and let another expert pick up on tenancy issues etc.