Famously described as “ill drafted, complicated and confused,” this Act is also renowned for its sanctions. William Weaver was extremely helpful guiding me through some concerns I had re cracks in the ceiling.

It was very easy to arrange to speak to our surveyor (Shaun) who was easy to talk to and patient with our questions.We recently used the services of Peter Barry to survey and report on a property in South Woodford that we are looking to purchase. A lease of a flat is expressly excluded from the right of first refusal, but there is no such exemption for a lease of a commercial unit. He was extremely generous with his time, and had extensive knowledge of the local property market as well as the condition of the property itself. In this section ‘appurtenant premises’, in relation to any flat, means any yard, garden, outhouse or appurtenance (not being a common part of the building containing the flat) which belongs to, or is usually enjoyed with, the flat. I had a few questions regarding the survey, so I left a msg for Steve who rang me back straight away and answered my questions.

As such, it is important to identify whether the right of first refusal applies as early as possible. The Landlord and Tenant Act 1987 ('1987 Act') provides "qualifying tenants" with a statutory right of first refusal by prohibiting certain landlords from making certain disposals of certain premises without first offering the disposal to the "qualifying tenants" of the building. Therefore, in situations where there is a headlease, the headlessee will be the qualifying tenants’ immediate landlord, rather than the freehold owner.Then if it wishes to dispose of its interest (at least two years) in the future, it would be able to transfer the freehold to the associated company (an exempt disposal) and then sell the shares in that company to the purchaser. I was helped by Shaun who gave me sound advice on when such surveys are useful, the type of access required for them to be effective, and, importantly, what they will not reveal. There are serious consequences for non-compliance, such as potential criminal charges, and late identification of whether the right applies could result in significant delay or disruption to the proposed transaction. We were happy with the building survey, which was helpful to decide whether we would proceed with the property as we had some concerns.

When considering the qualifying criteria, there are several issues that are of particular relevance for mixed use premises.It was a pleasure to work with Cecily Crampin (also of Falcon Chambers) and Steve Nicholson of Altermans.