Not necessarily. There are quite a few types of transfer that are exempt from the 1987 Act (where a freeholder must offer the ‘right of first refusal’ to the leaseholders).

There are several situations that do not trigger the 1987 Act ((the right of first refusal to purchase the freehold (or qualifying head lease or other relevant interest) under the Landlord and Tenant Act 1987)), a point that is not always well understood.

Certain types of transfers e.g. transfers between family members or transfers between related/ group companies do not trigger the first refusal mechanism under the 1987 Act.

Therefore if your landlord has changed this does not automatically mean that the provisions of the 1987 Act have been breached.

Often landlords will write informing of any change of ownership and specifying the applicable exemption. After all they must legally give you notice of the address and name of the landlord under sections 47 and 48 of the 1987 Act. It is also a requirement that any change of landlord is notified.

In certain situations where there may be some debate about whether the 1987 Act applied or where the landlord (perhaps as purchaser) feels that there is a need to give ‘clearance’ for the change of ownership notice may be given telling the flat owners of the change and alerting them to their 1987 Act rights.

If you receive notification in this sort of situation and want to pursue the freehold you should consider taking advice promptly from an appropriately qualified advisor because of the relevant time limits.