Right to first refusal-Challenging sale of Freehold

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    Right to first refusal-Challenging sale of Freehold

    If a leaseholder wanted to challenge the sale of a Freehold through the courts how would they do this?

    What court would they apply to or process would they need to follow?

    The sale in question was perfectly legal and complied with the RFR process. all relevant notices were served and timescales were adhered to.

    #2
    ???? On what grounds can you challenge a sale that has followed all the legal procedures- I would say none!

    You'll have to state on what basis you think that it can be challenged.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


      #3
      We'll I bought my FH and the correct procedure was followed to the letter.

      However the other LH is taking the former FH to the county court to challenge the sale. I know this will fail but can't understand how they have managed to convince the court they have a case.

      Comment


        #4
        OK thats a bit clearer.

        The challenge is based on sct 11 onwards, if it applies. They might argue that there was non compliance in some respect or might be trying to get details of the sale to ensure that the terms offered in section 5 were in fact the terms of the contract.

        http://www.legislation.gov.uk/ukpga/...-new-landlords
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #5
          Thanks LHA

          The process was followed totally, so I am not concerned there is any grounds to challenge the sale..
          The other LH was served notice of the sale and we can prove this. The sale proceeded to myself after the notice expired and completed around 5 months later.

          I am just surprised it has got as far as a hearing.

          Comment


            #6
            And if they suspect that you colluded to offer at £x but sell at £Y.........that is a common suspicion in these cases.
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment


              #7
              I paid the price specified in the section 5 notice and not a penny less.

              The other LH had every opportunity to gazump me!

              I'm not concerned there is any issue here and neither is the former FH, just making sure there is nothing else to worry about.

              Think I might have to go to the hearing just for the fun of it, then my FTT hearing is the following week

              Comment


                #8
                Presumably to get the case heard they had to put forward some reasons as to why they feel able to purchase from you?. Are they legally represented?

                Comment


                  #9
                  In a nutshell, there are only 2 flats. I bought the freehold after the R2FR procedure had been followed and the section 5 notices had expired. The other LH knew the FH was for sale and had the opportunity to make an offer to the former FH too.

                  I do not know what grounds the other LH is challenging the sale as although I am named as a defendant on the hearing documents I have not received anything from the court. I only know this because the former FH has told me..

                  As far as I know the other LH is not legally represented.

                  I have contacted the court for clarification.

                  Comment


                    #10
                    If you are named in proceedings or the claim form I suggest you get a copy pdq and think about advice. I say this as there are various options from striking it out to defending the claim including failure to serve you with either a letter before action or as you live upstairs/downstairs a failure to have the claim served on you. Whether this is in the county or magistrate court bizarre things can happen especially when Judges and Magistrates cant be reliable on knowing the the law on these matters.

                    of course as a freeholder you took out buildings insurance with legal expenses cover didn't you....
                    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                    Comment


                      #11
                      I cannot understand the other leaseholders action. As it is a two flat split both lessees have to agree to the offer.

                      Even if they claim not to have received the notice then In the case where there is less than 10 flats notice is deemed to have been served if served on all but one. So if it was just served on you, it would bizarrely be enough

                      Comment


                        #12
                        Originally posted by leaseholdanswers View Post
                        of course as a freeholder you took out buildings insurance with legal expenses cover didn't you....
                        Yes I did

                        The LH previously sent me a letter, claiming I had colluded with the Former FH to stop them buying the FH. This requested I sell them a share of the FH.

                        This included a handwritten claim form from the county court. At that time I contacted the court who checked and confirmed in writing that they did not send out the forms and I was not listed in the application.

                        Comment


                          #13
                          sgclacy,

                          Correct, I have absolutely no doubt the FH purchase is watertight, however the LH has managed to convince a judge there is a case to hear!

                          Comment


                            #14
                            I am afraid it looks like you are going to have to waste half a day in court.

                            Comment


                              #15
                              Originally posted by DNM2012 View Post
                              Correct, I have absolutely no doubt the FH purchase is watertight, however the LH has managed to convince a judge there is a case to hear!
                              But his claim might be incorrect or deliberately misstate the circumstances as a nuisance claim. I'd take a careful look at what has been filed with the court and take advice rather than pitching up on the day.
                              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                              Comment

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