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Apr, 2014

Sunday

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  1. Just waiting for the court to send me the forms. ...

    Just waiting for the court to send me the forms.

    I want this to go ahead and get resolved as my FTT hearing is the following week and I don't want that delayed.
  2. I am named as a defendant along withe the company...

    I am named as a defendant along withe the company that sold the freehold.

    I have just spoken to the court who seem confused by the whole thing also.
  3. What do you suggest I try to claim in costs? I...

    What do you suggest I try to claim in costs?

    I have spent 2 hours writing letters and a statement, plus if I attend the court hearing I have to take time off work.

    If I use a solicitor, we are...
  4. I've just spent 2 hours of this lovely Sunday...

    I've just spent 2 hours of this lovely Sunday morning, writing a witness statement, collating evidence (section 5 notices, title doc etc), plus a letter to the court stating what I put in my earler...
  5. I agree, I am waiting for a response from the...

    I agree, I am waiting for a response from the court then will consult my solicitor.
    This action should fail on many levels not least-

    a) The person bringing the action is NOT the leaseholder but...
  6. sgclacy, Correct, I have absolutely no doubt...

    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!
  7. Yes I did :) The LH previously sent me a...

    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...
  8. In a nutshell, there are only 2 flats. I bought...

    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...
  9. I paid the price specified in the section 5...

    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...
  10. Thanks LHA The process was followed totally,...

    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...
  11. We'll I bought my FH and the correct procedure...

    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...
  12. 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...
  13. Replies
    3
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    136

    According to the Lease website it is 21 days from...

    According to the Lease website it is 21 days from receipt of the decision.
  14. You would be better off talking to the planning...

    You would be better off talking to the planning department of your local council, as they are best placed to advise on the likelihood of planning consent being granted. They will have their own...
  15. Replies
    20
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    806

    LHA, the FH wants to sell the FH after the other...

    LHA, the FH wants to sell the FH after the other flat has completed, surely RFR will apply then?
  16. Replies
    20
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    806

    I would say because the FH is offering to sell to...

    I would say because the FH is offering to sell to you after the other flat is sold, then the right of first refusal will apply, as there will be two eligible leaseholders at this point.
    But as RAM...
  17. Replies
    7
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    231

    Unfortunately if you proceed on your own outside...

    Unfortunately if you proceed on your own outside of the right of first refusal there is some risk and a few months nail biting ahead. I have recently been through this.
    You will have to pay for the...
  18. Replies
    13
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    2,137

    Well I've got my hearing date set for the end of...

    Well I've got my hearing date set for the end of April. Sooner than I expected.

    The hearing is set to last 2 hours and only one tribunal member is listed as hearing the case. Is that normal? I...
  19. Yes- Check the lease thoroughly for further...

    Yes- Check the lease thoroughly for further restrictions on use eg: single family use clauses.

    More than two unrelated tenants sharing a property means it is a HMO.
    Check with you local authority...
  20. You can approach the FH directly and informally...

    You can approach the FH directly and informally offer to buy the FH. If he agrees it will have to offered to all 3 leaseholders first.

    see-...
  21. Replies
    26
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    1,772

    I agree with what you say. This is a very recent...

    I agree with what you say.
    This is a very recent upturn in my area though, prices have remained pretty level round here since I bought 2 years ago.
    Suddenly there is a massive spike. I know this is...
  22. Replies
    26
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    1,772

    London property prices-Its bonkers

    I thought the London property market was being massively inflated by prices in the desirable areas like Kensington and Chelsea.

    Not so it appears.

    A flat in the same road as my own has just...
  23. Replies
    7
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    310

    You have 3 options 1) Don't take a lodger, and...

    You have 3 options

    1) Don't take a lodger, and rent the flat from GF parents complying with the terms of 20 iii. No issues.
    2) Take a lodger, knowing you can remedy the situation quickly if FH...
  24. Replies
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    223

    Because the Freeholder lives in the property, you...

    Because the Freeholder lives in the property, you cannot force the purchase of the freehold because an exemption applies. You also cannot exercise the right to manage for the same reason.
    The other...
  25. Replies
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    398

    I think they are wrong. You are and can only...

    I think they are wrong.

    You are and can only responsible for your flat, which you hold on a long lease, even if you own two the same applies.

    The Freeholder will be responsible for holding the...
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