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Helen Hill
Helen Hill, Lawyer
Category: Property Law
Satisfied Customers: 224
Experience:  LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
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I would like to file 'An Acquisition Order' under part 111

Customer Question

I would like to file 'An Acquisition Order' under part 111 of the Landlord and Tenant 1987 Act. I live in a converted house comprising of 2 flats and I occupy the Ground Floor flat, since June 1991. Recently, I received my Discharge Certificate from my Mortgage Lender and realised that I had the Title Absolute of the Freehold Number NGL470334 and my leasehold number too. However, I also found out that the freehold mysteriously went to 2 sisters who do not reside at the property, nor live in the UK but reside and work in the United States. They purchased the first floor flat + freehold to manage the property from Ms Ljubica Vulovic. I cannot understand how one living in the United States can do repairs, manage the common parts of the property on a regular basis from there. I have been maintaining the common parts since I991 and still continue to do so in the absence of these 2 sisters who have no interest in their own property, leave alone the entire building. Besides, my Freehold Title registered in 1991, I also have 2 Buildings Documents handed to me by the Original Freeholder Mr Gorsia. These sisters have wrongfully acquired the freehold from someone who ceased to own the property/freehold, as she sold the same property to another in 2007. However, they are adamant that they purchased the flat + freehold from her, ( Ms Vulovic in 2013. Nothing adds up here or makes sense. I would like the County Court to enforce the sisters, Nasrin and Murielle Jean-Baptiste to sign the TR! over to me, as they are unable to maintain the property. This is my Home whilst theirs is a 'buy to let' investment. Besides, in our identical leases, para 19 clearly states: 'Not at any time to assign or underlet or part with any part of the demised Premises as distinct from the whole thereof.' In a nutshell: My Discharge Certificate shows my Freehold Title as well as I have Buildings document of the 2 flats from the original Freeholder. These so called Freeholders/Landlords have no documents to prove to me how they acquired the freehold title. Regards, ***** *****

Submitted: 2 months ago.
Category: Property Law
Customer: replied 2 months ago.
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Expert:  Helen Hill replied 2 months ago.

Thank you for your question.

First it will be important to ascertain whether you are entitled to apply for an acquisition Order to avoid you spending money on an application that will be rejected.

An Acquisition Order may be made by the county court where it is satisfied-

- that the landlord is in breach of any obligation relating to the repair,maintenance,insurance,or management of the premises in question;
- both at the date when the application to the court was made and throughout the period of two years immediately preceding that date, there has been in force an appointment under Part II of the 1987 Act of a person to act as a manager in relation to the premises in question:
- In either case the court considers it appropriate to make the order in the circumstances of the case.

The right to seek such an order applies to premises which are the whole or part of a building and which contain two or more flats held by qualifying tenants and in which the total number of flats held by such tenants is not less than two-thirds of the total number of flats contained in the premises. Are there other leaseholders who are willing to join in your application to satisfy this requirement?

If you do fit these requirements then the process is started by service of a preliminary notice on the landlord. This notice should specify the name of the interested tenants, their respective addresses, state who is the nominee purchaser (that is the vehicle to buy the freehold, which is often a company established for the purpose); the grounds of the application and the matters relied on for the purpose of establishing those grounds.

I do recommend that you seek specialist advice and be represented in the action bearing in mind that should the freeholder successfully resist an application to the county court an order for costs could well be made against you and other participating leaseholders.

I hope this information is helpful even though it does not give you an easy route to getting an order.

Best regards, Helen

Expert:  Helen Hill replied 2 months ago.

I hope this information was useful. If you have any further questions please let me know. I would also be extremely grateful if you could rate my service as this is how I am recognised for the assistance I provide.