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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
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Experience:  Over 20 years experience
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I have sold a house but kept part of the garden. The local

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I have sold a house but kept part of the garden. The local council sent a request for information form (the local government miscellaneous provisions act 1976 section 16? ) to myself and the new owner of the house. The form was returned by the new owner. As I no longer owned the property I did not reply. The retained garden now has a title number at the land registry that is different to the house though the description still gives the same address. I have received a summons for not filling in the form. Does the new separate record at the land registry support my assumption that as I was not the occupier, freeholder, or manager of the property the serving of the notice requesting information was invalid when served,.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
Hi, let me see if I understand this clearly - your defence to the s.16 notice and subsequent summons is that you did not receive the notification - this is an excellent defence to such a claim. I would have thought that if you explained this to them they would simply withdraw their summons (the proofed will be the ;and registry registration and date of the sale of the property). Happy to discuss. Please rate positive
Customer: replied 1 year ago.
Please note in my first question I identified that both I and the new freeholder received the request for information. The request was for 322 old bath road. I no longer own it so did not reply. The bit I still own is the retained land at 322 old bath road with a separate title number at the land registry. can they argue the request for information applied to both freeholds
Expert:  Thomas Judge replied 1 year ago.
I see. Does your property have a new name/address?
Customer: replied 1 year ago.
No. It is simply the far end of the garden which abuts mine at 320 old bath road. 320 is mine. I inherited 322. I now have an L shape
Expert:  Thomas Judge replied 1 year ago.
I see. I think that your argument is simple mistake then - I would still call them to see if it can be resolved. Your position put simply is that you did not think that it was addressed to you and as such you left - presuming that as it was not clear that this was an issue for the householder rather than yourself. Happy to discuss - please rate positive
Customer: replied 1 year ago.
Would the request for information not have to be qualified with the full land registry entry, namely "retained land at 322 old bath road". I have been in touch and provided proof of sale but heard nothing. I guess they don't want to withdraw in case I claim costs
Expert:  Thomas Judge replied 1 year ago.
I am not convinced that they would have to be so specific with the 'address' as you suggest, but it is certainly an argument that you can advance to try and put some pressure on them to withdraw. I certainly think that they should withdraw. I hope that this helps. Please rate positive.
Thomas Judge, Lawyer
Category: Property Law
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Experience: Over 20 years experience
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