Landlord and Tenant Act 1987: mortgages and Part I

Adams, J. E.

Landlord and Tenant Act 1987: mortgages and Part I - 1988 - Estates Gazette (8843) 29 October 1988, 64-68(2) .

The Landlord and Tenant Act 1987 Part 1 gives qualifying tenants of flats rights of first refusal on the landlord`s disposal of interest. Included in the list of exemptions in s4(2) is "a disposal of ....any interest under a mortgage". This article highlights the uncertainties caused by the wording of the exemption and how they could be used to avoid the requirements of the Act.