Right to first refusal-Challenging sale of Freehold

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    #31
    And ask for costs too.

    What about burying him in the odd section 20 and paperwork....
    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.

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      #32
      I've now got to attend a case management conference!

      Comment


        #33
        On it drags.
        The Judge has issued further directions.
        The leaseholder has been told to seek legal advice and submit properly drafted particulars and given a month to comply.
        The Judge was also quite clear on how much this is going to cost the LH to take this to trial.
        Hopefully if they see a solicitor(they haven't so far) they will be advised not to pursue this any further.

        Comment


          #34
          But when they don't and want it struck out, seek costs an lip.
          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


            #35
            I am considering making them a Without Prejudice offer to sell them 50% of the FH.

            Requiring them to remedy the outstanding breaches, complete all outstanding maintenance, pay all outstanding GR, service charges and legal fees (Est £5.5k) before hand.

            Once the above is done, I will sell them 50% of the FH and extend their lease at the full market value, subject to them paying all my legal and valuation costs, entering into a Declaration of trust and a non-refundable deposit up front.

            They will never in a million years agree to this, as they think they are going to get 50% of the FH for half the price I paid. Not a chance

            I am only considering the above and will run it past my solicitor, but comments welcome.

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              #36
              On it rumbles.

              The LH went back to court (with out informing me) and asked for a 6 week extension.
              The court refused this but gave them a further 2 weeks, which has just expired.
              Their new particulars of claim state they want the court to force me to sell them the whole freehold.

              I think their understanding is that under RFR, whichever LH asked to buy the FH first should have been allowed to buy it, bonkers

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                #37
                Well the latest is it looks like the LH is going to get their day in court. I expect it will be a very short day

                Despite 3 different District Judges advice to the claimant to desist on it goes.

                The case has been allocated to the fast track, so probably another 6 months before a hearing at the current pace.

                Comment


                  #38
                  The case has now been dropped

                  Better late than never.

                  Comment


                    #39
                    And costs?.....................
                    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


                      #40
                      My understanding is as the claimant has discontinued the action they are liable for all the other parties costs.

                      I'm not sure its worth pursuing the costs, mine were minimal mainly the time spent attending 2 trial hearings and a small amount of advice from my solicitor which has been billed in the other case, which are far more significant.

                      Is there a form to fill in or procedure to follow to claim costs back? I'm guessing the Notice of Continuance goes before a Judge for approval?

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