2 Gateley Road - Leasehold Enfranchisement with Absent Landlord who turns up

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The Challenge

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Absent Landlord case, where the Landlord turned up after the Service of the Enfranchisement Claim Notice. Effectively the Enfranchisers by virtue of the the counter notice deadline missed have the opportunity to follow the Vesting Order process with the Court to have the premium based on the Claim Notice offer price.

Due to the time restraints of our client, it was decided by our client to attempt to negotiate with the Landlord outside the Statutory process.

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The Solution

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While ensuring that our client's interests were protected against statutory deadlines, we sent lodged the appropriate claim at the county court, while these negotiations went on.

A fair premium was established between the parties that reflected our client's best interests in the process.

However, the Landlord was asking for all unpaid ground rent to be paid.

We made his representatives aware that due to limitation Act
Successfully reduced the ground rent that was payable to six months. Among the things he was asking for was that all ground rent be paid upon completion.

We ensured that the terms of the deal were covered within a Tomlin Order which is a court agreement between the parties.

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Customer Response

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"Many thanks" 20.6.12