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Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10733
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I and a friend as tenants in common are the owners of a portfolio

Customer Question

I and a friend as tenants in common are the owners of a portfolio of ground rents. My co owner is unable to handle his affairs and his daughter as his representative has to to apply to the Court of Protection for consent to sell his property. She does not have a power of attorney. as an experienced property investor I have negotiated an offer to sell the portfolio at a very advantageous price. In the event of the sale being lost through the procrastination of the Ct of Pr what protection have I against further losses through delays by the Court.
Can another Court grant me power to sell the portfolio at a fair price?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

In these circumstances, you can apply for an order for sale(s) in the County Court and an order that the court signs the Transfer document (s) in place of your co-owner - taking only three months or so and will be expensive!
HOWEVER there is also the option of the daughter making an Emergency Application to the Court of Protection for an order authorising their agreement to the immediate sale of the property which would be even quicker.

As no doubt you are aware, any Sale is likely to take a few weeks, and there is nothing stopping your Solicitor getting the ball rolling now and to deal with any enquiries that your Buyer and his Solicitor may raise. So, while this is being delat with, daughter can crack on with the Court of Protection, and hopefully everything will fall into place!

I'm afraid there are no legal grounds to sue the Court of Protection for any delays in them granting an Order.

I hope this assists and sets out the legal position.

Kind Regards