RTM - At the end of the day, there is no downside for FH to object right?

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    RTM - At the end of the day, there is no downside for FH to object right?

    Hi all,
    I have the case where my FH is objecting using an argument we know is not going to have legs shall I go to the FTT.*
    However, if I go to the FTT because the FH has objected to the Claim notice served, it will 1- cause delay to the RTM company taking over and 2- cost us money, so it is annoying.

    Am I misunderstanding or is there no downside whatsoever for FH to object? Why would not they not object then? It is a free option for them right?
    Am I being too cynical?

    Hattie

    *ok so there is 3 flats in our house and one is owned by the FH, the RTM company has the two other flat owners as members, and she says that it is her sole or main addresss. In reality, she has not lived here for 2 years, the flat is empty, she receives no mail here except what falls out of the mail redirection, and she has had her flat for sale for 2 years, empty. So I can easily challenge that this is her main home as clearly she does nothing here but try to sell.

    #2
    See part 3 of guide which says the RTM is blocked if there is a resident FH/landlord :

    http://www.lease-advice.org/advice-g...ght-to-manage/


    You need to collect the evidence to show the FH does not live in the flat : Get a copy of the Council Tax and the utility bills . Get a copy of the adverts for sale of flat etc.

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      #3
      Thanks I know about that. I can prove the flat is empty and for sale etc.. but

      my question is: the LL has nthing to loose to claim he is a resident Landlord right? If I refer to the FFTT following their objection, and I am told I'm right, they dont have to pay the fees back or anything? It costs them zero to try right?

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        #4
        In case of any property sale, the seller is usually required to disclose all disputes with neighbours in the block to buyer's conveyancing solicitor using the questionaire form which is required of all solicitors who are members of the Law Society. Sellers usually want to avoid disclosure of any disputes so as not to upset the price.

        It may be an offence under the Fraud Act 2006 ( fraud by misrepresentation ) if LL's claim of main residence is not true.

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