Q&As

Section 5 Notice: Timing for Nominating a Purchaser?

Produced in partnership with Carl Fain of Tanfield Chambers

Published on: 12 April 2023

Where a notice under section 5 of the Landlord and Tenant Act 1987 must specify ‘a further period of not less than two months’ to nominate the purchaser, is this referring to two months from acceptance of the offer, or two months from the end of the acceptance period? Is there any case law on this point?

This Q&A assumes that you are referring to a notice to be served pursuant to section 5A of the Landlord and Tenant Act 1987 (LTA 1987)

LTA 1987, s 5A(4) provides that ‘The notice must specify a period within which that offer may be so accepted, being a period of not less than two months which is to begin with the date of service of the notice’.

LTA 1987, s 5A(5) provides that ‘The notice must specify a further period of not less than two months within which a person or persons may be nominated by the tenants under section 6’.

LTA 1987, s 6(3) provides that:

‘An “acceptance notice” means a notice served on the landlord by the requisite majority

Carl Fain

Tanfield Chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes.

Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)