Section 5A qualifying for the Right of First Refusal
Section 5 Notices only need to be served when the property for sale and the leaseholders (tenants) qualify for the Right of First Refusal.
For the freehold property to qualify, the following requirements must be met:
1. Must contain at least two flats,
2. More than 50% of the flats must be owned by qualifying tenants
3. No more than 50% of the building must be in non-residential use.
For leaseholders to qualify under Section 5, the following requirements must be met:
1. Must have a lease term of at least 21 years
2. Must not own three or more flats
3. Must not have a short-hold or assured tenancy.
Only if all of the requirements above are met, should Section 5 Notices be served.
Section 5A Notices must be served on at least 90% of the qualifying leaseholders. This legal rule is in place in case some of the leaseholders are untraceable, rather than to provide an opportunity to deliberately omit 10% of qualifying leaseholders.
Check out this infographic to find out if you qualify for the Right of First Refusal