We are in the middle of a Section 13 collective enfranchisement claim to purchase our freehold. The freeholder's counter notice stated that he wanted more money than we offered and also stated that we are not entitled to include the large communal garden to the side of the building in our enfranchisement claim because our leases do not give us any rights to it.
We were a little deflated by the inference that the freeholder would continue to own the large communal garden to the side of the building after we have enfranchised. There is room for 2x semi detached houses on the land!
The next step is making an application to the First Tier Tribunal to determine the terms that have not been agreed - such as the purchase price for the bits of the freehold that we are entitled to include in our enfranchisement. Before we make the application though, I wondered whether any of you have experience of having done this and what the costs are likely to be? I understand that at First Tier Tribunal we will have to bear our own costs and the freeholder will have to bear his own costs ...
We were a little deflated by the inference that the freeholder would continue to own the large communal garden to the side of the building after we have enfranchised. There is room for 2x semi detached houses on the land!
The next step is making an application to the First Tier Tribunal to determine the terms that have not been agreed - such as the purchase price for the bits of the freehold that we are entitled to include in our enfranchisement. Before we make the application though, I wondered whether any of you have experience of having done this and what the costs are likely to be? I understand that at First Tier Tribunal we will have to bear our own costs and the freeholder will have to bear his own costs ...
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