Hassle-free help from the UK's best Landlord & Tenant solicitors.
Transparent pricing, from start to finishGet the support you need, when you need itTrusted lawyers, clear expectations
Transparent pricing, from start to finishGet the support you need, when you need itTrusted lawyers, clear expectations
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
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01 overview
Our team of expert landlord and tenant solicitors can help navigate the process of sending and responding to section 5A notices, as well as help manage the process of buying and selling a share of freehold.
We're not like your average law firm. Getting advice from a Lawhive solicitor guarantees all of the below:
A section 5A is a formal notice served by a landlord to qualifying tenants (leaseholders) informing them of their intent to sell the freehold. It gives leaseholders the right to purchase the property freehold before it is listed on the open market and sold to a third party. This gives leaseholders the opportunity to take control of their building.
Tenants must meet certain eligibility conditions to qualify to purchase their leasehold under section 5A. The main eligibility criteria are:
Section 5A of the Landlord and Tenant Act 1987 gives qualifying tenants the right of first refusal. Freehold building owners are generally required to offer the freehold interest jointly to flat owners before selling to a third party.
Yes, rights of first refusal can be waived by landlords, but there are only very few exemptions. These include:
Landlords have a legal requirement to offer leaseholders the right of first refusal when looking to sell a freehold. They also must follow the correct legal procedure when serving a section 5A notice, including providing the correct information about the sale, such as the terms and the asking value.
The notice must be served in accordance with the terms of the tenancy agreement or it could be considered invalid and thrown out by a judge. Landlords may face legal consequences if they fail to serve a valid section 5A notice or attempt to sell the property without offering it to the tenants first, including fines or having the sale declared invalid.
Failure to comply with the statutory requirements of section 5A can be a criminal offence.
Section 5A notices, under the Landlord and Tenant Act 1987, should include the following:
Tenants typically only have a two-month window to respond to a notice so they must be organised in order to decide whether they will buy the freehold before the notice expires.
A tenant group, known as a tenant association, is a group formed by leaseholders who live in the same building or development. They are used to represent the group’s interests to negotiate with freeholders over aspects of purchasing the freehold of a property. The alternative to creating a tenant group is to appoint a solicitor to represent the group.
After receiving a 5A notice, which includes the landlord’s valuation and terms, tenants can either accept the terms set out by the landlord or make a counteroffer, negotiating more favourable terms before committing to the purchase. Working with an experienced solicitor and surveyor can help tenants negotiate more favourable terms.
When leaseholders decide to accept their freeholder's offer, the qualified flat owners need to formally write to accept the offer and begin the contract process. The nominee purchaser is sent the contract to sign within one month of the freeholder being notified of their nomination.
Contracts are exchanged within seven days. The nominee purchaser then has two months to return the contract when they receive it and pay the deposit, usually 10% of the purchase price. After contracts are exchanged, the sale will be completed on the date specified in the contract.
Disputes in section 5A sales can derail the entire transaction process. The most common grounds for section 5A sales disputes are:
Leaseholders have an initial offer period, typically of two months after receiving a section 5A notice, during which they can express their interest in purchasing the freehold. If they do accept the right of refusal first offer, qualifying leaseholders have a further two months to nominate a purchaser to complete the purchase.
Landlord legal fees include costs for solicitors drafting and serving a section 5A notice, as well as legal fees for responding to any challenges or disputes that arise. Tenant legal fees include potential costs for seeking legal advice on their right of first refusal, including negotiating the terms of the purchase and handling disputes.
The cost for a licensed solicitor to help with a section 5 notice is dependent on many factors including the complexity and specific requirements of the case. On average, it is expected to range from £100-£180 but in some cases, it could cost as much as £300.
Section 5A notices are instrumental when freeholders want to sell their interest in a freehold, and tenants want to buy their building’s freehold and gain control of their building. If you need more support in serving a section 5A notice or responding to one, get in touch with our landlord and tenant solicitors today.
With straightforward pricing - so you know exactly what to expect at every step.
