On The Exercise Of The Right Of First Refusal For Lessees Of Partial Housing

In housing leases,the phenomenon of tenants leasing part of their houses is increasing,but the existing law lacks clear provisions on this,and there are few in-depth studies on the right of first refusal of tenants of part of their houses in academic circles,and there are also obvious differences in the handling by the courts in judicial practice.In this paper,we analyse the controversial focus of the case through the introduction of a typical case: firstly,the specific conditions for the exercise of the right of first refusal of a partial tenant of a house;secondly,the specific conditions for the exercise of the right of first refusal of a partial tenant of a house;thirdly,the problem of competing rights of the right of first refusal in the presence of multiple tenants.To resolve the above controversial points,we need to return to the basic theory of the right of first refusal for partial tenants.On the premise that partial tenants enjoy the right of first refusal,the first focus of the dispute is to study the conditions under which partial tenants enjoy the right of first refusal,and to conclude that the specific conditions for partial tenants to exercise the right of first refusal are,on the one hand,that the leased portion is separable from other portions and,on the other hand,that the same conditions are met.In the second part of the dispute,through the study of the conditions for partial tenants to enjoy the right of first refusal to purchase the whole house,it was concluded that the specific conditions for partial tenants to exercise the right of first refusal to purchase the whole house include two aspects: firstly,the proportion of partial tenants is more than half of the lease;secondly,there is no need for the house to be divisible.The study of the competing rights in the exercise of the right of first refusal by the partial housing lessee has led to the conclusion that there are methods of dealing with the overall right of first refusal,the proportional method,the time comparison method and the registration order method.If the housing is divisible,each tenant may have priority to purchase the housing of its own tenant part;if the housing is not divisible,then if the housing is not divisible,then the time comparison method,the registration order method and the lottery method should be adopted in order to deal with it.In the event of a competition between the right of first refusal for a part of the house and the right of first refusal for the whole house,it is more appropriate to use the overall priority method.