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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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The basics:- I issued a Section 13 notice on 26 August

Customer Question

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?

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Expert:  Nicola-mod replied 3 years ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Customer: replied 3 years ago.
Please cancel and refund deposit