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View Full Version : Counter-notice from freeholder who then rejects Initial Notice



Jon_RTE_2009
30-05-2009, 20:13 PM
Hi,

Like a lot of people I have found this forum in some distress as out RTE takes another unnerving turn...!

OK here's the background!

1. Served Initial Notice after survey for RTE.
2. Received Counter Notice with a cover letter stating that the Initial Notice was invalid and would need amending, the Counter Notice contained counter proposals, and of course a different price.
3. Wrote to freeholder several times accepting the counter proposals but disputing the price.
4. Heard nothing for some time.....
5. Applied to the LVT.
6. Really fast response! Hooray!
7. Proposals for a hearing confirmed, schedule in place.
8. Freeholder writes to LVT only enclosing their cover letter, not the counter notice now claiming that the inital notice was invalid and they want the matter settled by county court.
9. LVT write to me asking for my response to this!

So.... What is the situation legally here? We have a counter notice accepting our RTE... with counter proposals and asking for £9000 for the freehold, (we have made it clear we want to pay £6000 but obviously could meet in the middle happily!)
We have also missed the two month window from the initial notice being served for the county court. Unless this situation warrants a different time scale?

I have drafted a letter to the LVT asking them to step back in! As we have a counter notice!!

Your advice would be greatly appreciated.


Thanks,

Jon

jeffrey
31-05-2009, 23:36 PM
Was it stated (in Counter-Notice or a covering letter) that it was served without prejudice to L's argument that your original Notice was invalid?

Jon_RTE_2009
01-06-2009, 18:37 PM
Hi,

Yes in the covering letter....

J

jeffrey
01-06-2009, 22:44 PM
Hi,

Yes in the covering letter....

J
So L retains the right to argue that your RTE Notice was invalid.