Purchase of Freehold - from crazy Freeholder

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    Purchase of Freehold - from crazy Freeholder

    So... I own a flat in a house that has been converted - that I rent out. The other leaseholder and I ( there are only us two) wish to purchase the freehold. We have checked out and meet the requirements to purchase the freehold under the collective enfranchisement legislation.

    However..the freeholder is a crazy guy...The common areas is only a small entrance lobby. There has never been any works done at the property since the 1980s and we would like to bring it all up to scratch. The guy lives abroad ( he says) and also has a house locally to ours (he says). He has previously said he wants shot of the freehold, and seems pretty up for selling it. Sounds all ok?

    Right - he won't provide us with a postal address. Therefore we have communicated on text about purchasing the freehold only. We have no other way of getting hold of him. He then said in a phonecall that he has a 'mate' that wants to buy the freehold off him. He has organised the insurance each year, but nothing else since the lease commencement in the 1980s.

    He doesn't seem to realise that we have the right to buy the freehold, and it is not only if he chooses to sell it to us, ( or his mate, instead) he is a bit of a wide boy and talks a lot of rubbish generally.
    So, We would like to serve the section 13 notice for the purchase of the freehold and go about it formally.

    Thing is.. How? We have asked him for his postal address and he has said no. He said he doesn't give out his address in case we turn up wanting something ( exact words) so where does it go from here?

    I know the easy answer is pay £2k and get a solicitor to sort it - but £2k is a lot of money to us, I have a legal background in a different area of law, and can usually make some sense of it, therefore don't want to be throwing money away on legal fees, until I know what direction we are going in .

    Anyone else had a situation where a freeholder would not give a postal address? I also do not want to delay in serving the notice either...but how to we get round it?
    Thanks in advance

    #2
    I think I would look at the land registry website for your address. If the guy has been silly enough to leave that as his only address... well he won't get your application when it arrives there or know to make a counter offer.

    Maybe see what others suggest before taking my advice though.

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      #3
      Let his mate buy it for a song, if they go thru the right of first refusal process then you buy it the easy way, if they don't then you get to buy it from the new owner.

      I believe there are automatic fines for not going thru RFR procedure, but there is nobody to enforce it.

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        #4
        Yes, you can open a user account at the land registry and use your card to pay £3 to download the freehold title extract. Freeholder's address has to be listed there if he wants to keep his ownership and not have some miscreant change the title without huis knowledge. U nless maybe he works for MI6. They might get special privileges. I'd hope so anyway.

        Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

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          #5
          Serve the notice on the address shown at the land registry and if different the address shown in the ground rent demands which is a legal requirement for the freeholder to give an address in the UK

          send the. Section. 13 Notice by recorded delivery and normal post and also send a text stating you have served the notice and keep evidence of that text and time of call

          make the offer realistic but on the low side

          Comment


            #6
            Thank you for your replies. is there a template that we can buy for the Section 13 Notice?. We have paid for a surveyor to have it valued, so have a price now in mind, that as you say, is realistic. Thanks again and wish us luck!

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