Enfranchisement of block of flats-procedure problems?

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    Enfranchisement of block of flats-procedure problems?

    Please could someone advise on the following possible situations that we have been told about.

    A. If the landlord fails to respond to notices within set timescales then we have to apply to the court for a VESTING ORDER.

    B. If the landlord disputes our eligibility to qualify then we have to apply to the court for a declaration that our notice is valid.

    On point B. This is a single modern block of 12 purpose built flats.
    There is no commercial use (just Flats). All are on very long leases. We have well over the required 50% of leaseholders participating. We have had a professional valuation. We seem to qualify on all counts.

    My question is, what are the likely costs of A & B if the landlord decides to be difficult.
    Are we talking about sending paperwork to the court, or does this involve lawyers standing up in court and stating their cases.

    #2
    Hi Suzie,

    If you have reached this stage without the help of a lawyer, well done! If you have reached this stage with the help of a lawyer, consult your lawyer who should be in a position to let you know what to do.

    I suspect you do not have a lawyer, hence the questions.

    A. Yes, court is the next stage, but if you play it correct, you may even being able to acquire the freehold without going to court. I have achieved this for clients in the past.

    B. This is where you need legal advice. If your legal advice is that your notice is valid, you can either apply to court or negotiate on a "without prejudice basis". Usually, the latter works without the need to go to court.

    Either way, now is the time to get legal advice from an experienced lawer in this field. The implications of failing to take advantage or missing the deadlines involved as a result of no counter notice being received are costly. The legal advice would be cheaper than having to go through the whole process again. A process that could not start again for another year if you miss the deadline.

    If you do not believe my views (on the basis you think I am biased in favour of seeking your instructions), please contact your surveyor, who will no doubt confirm what I have said.

    Kind Regards

    Tom

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      #3
      We do have a solicitor & we have not arrived at a point where the landord acts difficult. I just wanted some additional advice in case it happens.

      Our solicitor does not think such problems will arrise, but in case they do, comments from others might be useful.

      Comment


        #4
        Originally posted by SUZIE View Post
        We do have a solicitor & we have not arrived at a point where the landord acts difficult. I just wanted some additional advice in case it happens.

        Our solicitor does not think such problems will arrise, but in case they do, comments from others might be useful.
        Remember that:
        a. LVT (irrespective of who broght the action; irrespective of who wins) cannot order one party to pay the other's LVT costs- although it can make Order re price, terms of purchase, L's solicitor's conveyancing fees, and L's surveyor's valuation fee; whereas
        b. County Court can order one party to pay the other's Court costs.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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