exempted disposal

Polish translation: zbycie wyłączone z prawa pierwszej odmowy

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:exempted disposal
Polish translation:zbycie wyłączone z prawa pierwszej odmowy
Entered by: Frank Szmulowicz, Ph. D.

10:48 Dec 17, 2020
English to Polish translations [PRO]
Law/Patents - Real Estate / prawo własności
English term or phrase: exempted disposal
a certificate given by ABC Limited that the transfer or lease complies with the requirements of section 156A of the Housing Act 1985 or that the transfer or lease is an exempted disposal or is not a relevant disposal
Tekst pochodzi z dokumentu Tytulu własności nieruchomości
malg
Poland
Local time: 16:43
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...
Selected response from:

Frank Szmulowicz, Ph. D.
United States
Local time: 11:43
Grading comment
Dzięki wielkie. miałam wyjazdową przerwę weekendową . stąd opóźnienie
4 KudoZ points were awarded for this answer



Summary of answers provided
3zbycie wyłączone z prawa pierwszej odmowy
Frank Szmulowicz, Ph. D.


Discussion entries: 1





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
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...

Frank Szmulowicz, Ph. D.
United States
Local time: 11:43
Native speaker of: Native in EnglishEnglish, Native in PolishPolish
PRO pts in category: 110
Grading comment
Dzięki wielkie. miałam wyjazdową przerwę weekendową . stąd opóźnienie
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