T.P.O. on Adjoining Land - Can the Council Demand Everyones Information?

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    T.P.O. on Adjoining Land - Can the Council Demand Everyones Information?

    We would really value some advice on this situation we find ourselves in please.
    We are the Freeholders of a Grade 2 Listed Building, which was converted into 12 flats many years ago.

    The Local Authority have sent us a Section 16(1) Local Government (Miscellaneous Provisions) Act 1976 - Notice Requiring Information as to Persons Interested in Land - advising that they are placing a T.P.O. on a tree on adjoining land (an embankment owned by them) in which potentially the branches could overhang the garden of our site when in full bloom.

    They want the details of all Leaseholders, Occupiers and Lenders and given us 14 days to respond or face a fine of up to £5,000.

    Do we need to comply (we are not actually privy to all Occupiers/Lenders), We manage the Block & Grounds and are the only persons responsible for the garden maintenance in any event - the Leaseholders pay Service Charges for any costs.

    Look forward to your opinions on this situation - Thank You in anticipation.

    #2
    https://www.legislation.gov.uk/ukpga/1976/57 says you have to provide information about what you believe to be the case.

    I'm not sure that an easement over the land, as would be the case for the leaseholders and their lenders, would count as an interest, but I don't see why you shouldn't list them, with that caveat.

    You certainly need to comply for yourselves as freeholders and managers.

    I'm concerned that you don't know the lenders. Many leases would require you to be told about them, and you really ought to know who they are, as they would be the first people you would approach if there was a service charge or ground rent default.

    Unfortunately, many leases don't require you to be told about sub-tenants.

    Comment


      #3
      You ought to know who and where your leaseholders are. How do you administer the ground rent and service charge demands without this information?

      Comment


        #4
        Thank you for your replies.
        We do know all our Leaseholders but there are no Owner/Occupiers - surely we wouldn't have to give the information of all the Tenants & Lenders would we?

        Comment


          #5
          Just provide the name of the leaseholders and say you have no details of the occupiers but the local Council have this information for billing the Council Tax.

          Comment


            #6
            Yeah, I was going to mention about the council tax register.

            The demand sounds rather sinister though, doesn't it? Are they drawing up a list of likely suspects if the tree should suffer some misfortune?

            Comment


              #7
              It is standard practice when they have to give notice to interested people to obtain the list using this method.

              Comment


                #8
                T.P.O. on a tree on adjoining land (an embankment owned by them) in which potentially the branches could overhang the garden of our site when in full bloom.
                The T.P.O will in future not allow you or anyone with a freehold or leasehold interest in the property at that address to touch the tree in any way without seeking prior permission from the Council.Even if the property in your freehold is a Listed Building. It is because the Council have by law asked you to allow every leasehold owner at that building to either object to or approve the T.P.O it is in the interest of all the owners for you as the Management Company to inform them all of the existing T.P.O under Section 16(1) Local Government (Miscellaneous Provisions) Act 1976.

                As freeholder, you are obliged to fulfill your duties to the leaseholds. Informing them of the Council's intention is their right.
                You'll find all the Leasehold owners to your freehold's listed building's address on the HM Land Registry.
                If there are 12 flats there are 12 Leaseholders and you, the existing Freeholder all with an interest in the property. HM Land Registry search is £3 for each Title Leasehold and for you to determine the names of every existing owner in your building.

                Hope this clarifies.

                Comment


                  #9
                  I believe the issue here is about occupiers and lenders, not about leaseholders. If the freeholder doesn't know who their leaseholders are, they are in serious trouble!

                  With many leases, there is no requirement to inform the freeholder about occupiers (e.g. AST tenants). I would have guessed that most leases required the freeholder to be told about lenders, but compliance might be patchy. The term "charge" may appear in the lease, rather than any mention of lenders.

                  Comment

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