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10:48 Dec 17, 2020 |
English to Polish translations [PRO] Law/Patents - Real Estate / prawo własności | |||||||
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| Selected response from: Frank Szmulowicz, Ph. D. United States Local time: 20:03 | ||||||
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3 | zbycie wyłączone z prawa pierwszej odmowy |
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Discussion entries: 1 | |
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zbycie wyłączone z prawa pierwszej odmowy Explanation: Are there any disposals which are exempt from the right of first refusal (RFR)? The sale or transfer by the landlord of his interest in the property is called a disposal. The majority of disposals will trigger the RFR, but some are exempt e.g.: grant of a single tenancy of a flat. disposal to an associated company: this is where the interest is transferred as an asset to another company, which has been associated with the parent company for at least two years. disposals arising from collective enfranchisement under Leasehold Reform, Housing and Urban Development Act 1993. a sale by two or more persons of the same family to a different combination of the same family (or a transfer by family members to fewer of their number). sales to the Crown or to Government departments. transfer of an estate or interest held on trust for any person where the disposal is made in connection with the appointment of a new trustee or in connection with the discharge of any trustee. https://www.lease-advice.org/faq/are-there-any-disposals-whi... The Right of First Refusal (RFR) is provided by Part 1 of the Landlord and Tenant Act 1987 (the 1987 Act) as amended by the Housing Act 1996. Where a landlord is proposing to sell his interest in a building containing flats in relation to which the RFR exists, he must, by law, first offer it to the tenants before offering it on the open market. He must serve formal notices on the tenants telling them what he is intending and must provide time for them to consider the offer; he cannot sell to another party during that time, nor offer the interest to anyone else at a price less than that proposed to the tenants or on different terms. Breach of these legal obligations by the landlord is a criminal offence. If the landlord sells without providing the Right of First Refusal, the tenants can serve a notice on the new owner demanding details of the transaction, including the price paid; they can then take action to force the new owner to sell to them at the price he paid. https://www.lease-advice.org/advice-guide/right-first-refusa... Right of First Refusal prawo pierwszej odmowy author bartek https://www.proz.com/kudoz/english-to-polish/law-contracts/7... |
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