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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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You came to my rescue when I was told I couldnt extricate

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You came to my rescue when I was told I couldn't extricate me from going to a tribunal to force the freeholder to give a fair figure for a lease extension, when the solicitor had told me I was bound by law to continue. On your good advice I wrote explaining I had no money to pay the £69,000 asked. I now have a buyer for this flat which has a 47 year lease,who can get a mortgage if the lease extension is in place. The solicitor tells me I can't take the matter to a tribunal as I told him in writing I am unable to go through with it.

Did the Tribunal consent to the withdrawal?
Customer: replied 4 years ago.

As I understand, it hasn't got as far as a tribunal.It has simply been drawn up. As I have a buyer who says he can get a mortgage to buy the flat if the lease extension is "in place" by that I should imagine this means figure agreed by the freeholder. My surveyor said it should be IRO £35,000 but freeholder said no, £69,000 and wouldn't come down. This figure is crazy! As I had a buyer who wanted it without the lease extension, I said I wouldn't continue to go to the tribunal, but now this woman wants to drop her offer to something ridiculous so i've told her where to go! This solicitor says I now have to wait a year before I can start again. Is that so when it never actually for as far as the tribunal.

If the purchase price was not ascertained, the 12 months rule does not really apply.

See S. 9(3) of the Leasehold Reform Act 1967

(3)On ascertaining the amount payable, or likely to be payable, as the price for a house and premises in accordance with this section (but not more than one month after the amount payable has been determined by agreement or otherwise), the tenant may give written notice to the landlord that he is unable or unwilling to acquire the house and premises at the price he must pay; and thereupon—

(a)the notice under section 8 above of his desire to have the freehold shall cease to have effect, and he shall be liable to make such compensation as may be just to the landlord in respect of the interference (if any) by the notice with the exercise by the landlord of his power to dispose of or deal with the house and premises or any neighbouring property; and

(b)any further notice given under that section with respect to the house or any part of it (with or without other property) shall be void if given within the following [F69twelve months].

Hope this helps
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