First Refusal Offer

[charles10]

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anymore helpful advice on a totally seperate issue, l'd be really grateful.

We received a "First Refusal Notice" offer from our Landlords 3 weeks ago now.

We have been in dispute over Disrepair with them for well over a yr now.
They ignored almost all letters from from our solicitor's to do with this matter.It was as far back as last Dec that after following the protocal stuff our soliciotor wrote saying that they would be appointing an independant surveyor to carry out a full inspection of the building.
sadly because of many other issue's with rgards to our tenancy which our solicitor told us took prioroity over the dis repair stuff, all this put on back burner.
now after reapplying for legal aid funding we have just been turned down. their reason being that we are now above the monthly earnings figures or something.
l think this just my father filling in new form in correctly.
so at the moment our solicitor says he can't advise on this matter.

what l#d like to know, including from you pippay if you can help, ohhh and sorry l do apologise for past posts. under some pressure at moment, anyway l apologise.

is : is this first refusal offer lawful ????? l mean seeing as we are already in dispute with the owners over disrepairs, { the building actually falling apart, especially in the common areas}
A friend informed me that he thinks we could take out an injuntion to cancel this first refusal offer based on the disrepair stuff.

do you think this is possible ????

our solicitor by the way very busy , and he didnt even seem to know what "first refusal " was all about.

thanks

Charles.

[Poppy]

What kind of tenancy agreement do you have: regulated, assured, assured shorthold, long leasehold or lodger?

[pippay]

Poppy, there's a complicated history here.. see this thread
http://www.landlordzone.co.uk/forums/showthread.php?p=19953#post19953

[charles10]

we have always argued regulated.
but told we have only small chance of proving that.
assured according to Landlord.
there are other tenants who make up over 50% of the building so thats why we got the first refusal letter in the post.

at the moment we just want to deal with this "refusal offer" the tenancy issue and our past sooooooooooo complicated you would not believe.

we are in the process of trying to get proof and statements from past landlords oover our tenancy status, but this is all taking forever.

and at the moment this "first refusal" has just dropped on our door.

l have absolutely no idea myself, but according to friend he says maybe a way to cancel out this first refusal offer while the dispute over the disrepair is being dealt with.

what do you think ???

Thanks.

[Poppy]

I recommend that you find out more about the laws regulating the right of first refusal from:
Leasehold Advisory Service (http://www.lease-advice.org/rfrframe.htm)
The Housing (Right of First Refusal) (England) Regulations 2005 (http://www.opsi.gov.uk/si/si2005/20051917.htm)

From brief reading of this, I see no pre-requisites for repairs to be carried out before the landlord's disposal of the property. Feel free to correct me if I am wrong.

There is a time limit already set in motion by your landlord issuing this notice. You need to act quickly to either accept or reject. If you do not act on the notice it will be taken as a rejection and the landlord will dispose of the property to whomever it wishes.

Do you wish to buy?

[charles10]

no we do not wish to buy, well impossible infact as a massive sum of money mentioned in the first refusal offer.

it has been said to us by someone { not a solicitor } that the first refusal offer maybe unlawful due to us being in dispute with the current Landlord over serious { estimated huge disrepair costs to remedy building } issue of landlord ignoring whole disrepair issue, including solicitor letters.

so if its not unlawful for them to offer the building to us , obviouslly shirking and getting away with their legal respnsibilty to address the dis repair, then do we have to just let this first refusal go through and then pass on the disrepair issue to new landlords ?????

surely this would pee off new owners ????

maybe the new proposed owners are aware of the dispute with our current owners and accept that this responsibilty will fall on them.

do you think so ??????

maybe l'm totally wrong but this is what we are thinking.

our friend informed us that we maybe able to take out an injunction to cancel this whole first refusal offer on the basis of the dis repair.

does any of this you think make sense ?????


thanks for your advice.


Charles

I recommend that you find out more about the laws regulating the right of first refusal from:
Leasehold Advisory Service
The Housing (Right of First Refusal) (England) Regulations 2005

From brief reading of this, I see no pre-requisites for repairs to be carried out before the landlord's disposal of the property. Feel free to correct me if I am wrong.

There is a time limit already set in motion by your landlord issuing this notice. You need to act quickly to either accept or reject. If you do not act on the notice it will be taken as a rejection and the landlord will dispose of the property to whomever it wishes.

Do you wish to buy?