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May I clarify please, do you refer to the owner of the other flat considering that they have a right of first refusal in respect of your leasehold flats or the freehold please?
thank you. I can't see the right of first refusal applies in this case because the premises are a conversion and you are a resident landlord living in the premises. Part 1 1(1) landlord and tenant act 1987 specifically provides that "This Part also does not apply to any such premises at a time when the interest of the landlord in the premises is held by an exempt landlord or a resident landlord."
It seems to me that you can respectfully ***** ***** co-freeholder owner to that provision and suggest to him that he has no right of first refusal as a consequence of the same
on that basis, I cannot see an exemption to the requirement to comply with serving a notice under RFR if the freehold is owned other than through a nominee company. The legislation largely predates the more common approach of resident owns shares of freehold and does not contain a specific exemption in this respect but any attempt by the neighbours to acquire a share of freehold. it is for this reason that it is common practice for freehold is to be owned through limited companies or else, if not, for a declaration of trust to be put in place as between the co-owners to require that respective shares are sold with flats as the leasehold interest is sold and the co-owners cooperate in respect of such sales.
Perverse as it may seem, I do not see any reason why you would not also be a qualifying tenant for the purposes of RFR as whilst you are seeking to sell a share of freehold, you are also a leaseholder so you were two different hats. However, I cannot see that the neighbour can exercise a right of first refusal if there are only two flats because there is a requirement that more than 50% of the qualifying leaseholders exercise their right and accordingly, he would not hold the requisite majority to exercise the right so this becomes in effect an exercise in bureaucracy
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