The basics: -
I issued a Section 13 notice on 26 August (Leasehold Reform, Housing and Urban Development Act 1993 Part I, Chapter I, Section 13) - The date by which the freeholder must have responded with a counter notice was 3 November, now past - I know he received the notice (he signed for it) - and he instructed his surveyors to visit the property to value the freehold (which they did on 14 October). I have not heard anything since.
Back story: Earlier in the year the freeholder offered to sell the freehold (a Section 5 offer) for £7000. When we accepted, he withdrew his first offer and immediately re-issued a Section 5 at £12,000. However, as I pointed out to him, this was an invalid notice as he has to wait 12 months to reissue.
I then had the freehold valued. It is likely to be worth around £9000, so we decided to enfranchise and issue a Section 13. There are two participating tenants (100% of the tenants) and I am the nominated purchaser. We offered £7000. But no Counter Notice has been issued.
What next? My understanding is that he now has to sell, unless he can prove our Section 13 was invalid. I need to know how to force him to sell.
- Do I write to him?
- Do I go straight to the County Court for a Vesting Order
- if so, how? - Or do I something else?