Right of First Refusal
We help leaseholders and landlords to get the best deal from Right of First Refusal purchases
When a freeholder chooses to sell a property which is subject to residential leases, any qualifying tenant will have the Right of First Refusal (RFR), meaning they have the chance to buy the property before it is offered for sale on the open market. This can represent a good opportunity for both sides of the transaction, but only if the right legal advice is sought at the right time.
Longmores’ Property Litigation team are very experienced in dealing with Right of First Refusal purchases and the issues that can arise in relation to these scenarios. We can make sure you are clear about your rights and obligations, then guide you through the whole process, ensuring you get the best possible deal with the minimum possible fuss.
As well as dealing with straightforward Right of First Refusal purchases, we also have extensive experience with contentious and challenging situations, including where a landlord has failed to comply with their RFR obligations or has been accused of doing so. With strong negotiation and litigation skills, we can adeptly defend your interests no matter what approach is required.
Market leading expertise in Right of First Refusal for buying leasehold property
We regularly advise leaseholders and landlords on all aspects of Right of First Refusal to purchase leasehold property, helping to ensure these complex transactions go as smoothly as possible.
Our leasehold property solicitors can help with Right of First Refusal matters including:
- Advice on eligibility for Right of First Refusal
- Right of First Refusal Offer Notices
- Breach of statutory requirements in respect of RFR
- Right to take benefit of a contract
- Right to compel resale
- Right to compel grant of a tenancy
Based in Hertford, we work with clients all over the country, including London and the South East.
Independently recognised leasehold property law expertise
We are ranked by leading client guide the Legal 500 for our Commercial Property and Commercial Litigation expertise.
Head of Property Litigation John Wagstaffe has been recommended by the Legal 500 for his litigation expertise and is a member of the Property Litigation Association and the Association of Leasehold Enfranchisement Practitioners.
Speak to our Right of First Refusal solicitors
To discuss your requirements with our experienced, proactive leasehold property law experts, please get in touch.
Our Right of First Refusal legal advice services
Advice on eligibility for Right of First Refusal
For the Right of First Refusal to apply, the premises, the landlord and the tenants all need to meet the right eligibility requirements.
For example, the building must contain at least two flats, at least 50% of these must be held by qualifying tenants and no more than 50% of the premises must be used for non-residential purposes. There are various other criteria the building, landlord and tenants must meet, so it is essential to take specialist legal advice at an early stage.
Longmores can advise both landlords and tenants on whether the Right of First Refusal applies, helping to prevent the potential for misunderstanding and avoidable disputes and/or extra expense.
Right of First Refusal Offer Notices
Where a building qualifies for Right of First Refusal, the landlord is legally required to serve formal notice on the qualifying tenants with an Offer Notice. Failure to do so is a criminal offence that carries the potential for a substantial fine.
Longmores can assist landlords with preparing and serving a legally compliant Offer Notice on qualifying tenants. We can also advise tenants who have received an Offer Notice on their rights and the next steps they need to take.
Breach of statutory requirements in respect of RFR
Where tenants believe that a landlord has failed to meet their statutory requirements (e.g. not serving proper Offer Notices), then it may be necessary to take action. Conversely, where a landlord is alleged to have failed in the statutory duty, they must seek expert legal advice immediately so they can respond in the best way for their legal and commercial interests.
Longmores can assist with advice on whether a landlord has potentially breached their statutory duty with regard to Right of First Refusal. We can represent leaseholders or landlords in these challenging matters, giving you the best chance of securing the outcome you need while defending your legal rights.
Right to take benefit of a contract
Where it is alleged that a landlord has failed to follow the proper Right of First Refusal process and has entered into a contract with a third party for sale of the building, the leaseholders may have the right to take over the contract. This allows their nominated person to become the purchaser on the terms agreed with the landlord’s proposed purchaser.
Longmores can advise tenants and landlords on whether the right to take benefit of a contract applies and assist with all stages of initiating and responding to such proceedings.
Right to compel resale
Where it is alleged that a landlord has failed to follow the proper Right of First Refusal process and the building has already been sold to a third party, tenants may have the right to compel the new owner to sell the building to them on the same terms the owner received.
Longmores can advise tenants and landlords on whether the right to compel resale applies and assist with relevant proceedings to resolve the matter.
Right to compel grant of a tenancy
Where a landlord’s disposal of a property involves them surrendering a tenancy they held (e.g. a headlease over all the flats) to a superior landlord and the proper Right of First Refusal process was not followed, then the tenants may have the right to be granted a tenancy on the same terms their former landlord surrendered.
Longmores can advise tenants and landlords on whether the right to compel grant of tenancy applies and assist with all necessary proceedings.
Our Right of First refusal legal advice fees
Dealing with Right of First Refusal purchases can be expensive, so keeping your legal costs to a minimum is only sensible. However, the cost of inadequate advice is not something you can afford.
Our team aims to strike the perfect balance by working hard to keep our overheads low and operating efficiently, then passing the savings this affords us onto our clients. That way, we can offer the highest levels of legal expertise and service at a lower cost than many of our competitors.
Where appropriate, we are able to handle Right of First Refusal purchases on a fixed fee or capped fee basis, making it easier for you to budget with confidence.
For more complex Right of First Refusal matters, where ongoing support is required, we will work to an agreed hourly rate dependent on the level of expertise needed. We will provide a clear cost estimate at the outset and any additional expenditure will be agreed in advance, so you always stay in control.
To find out more about our Right of First Refusal legal advice fees and to request a cost estimate, please get in touch.
Speak to our Right of First Refusal solicitors
To discuss your requirements with our experienced, proactive leasehold property law experts, please get in touch.
