Lease Enfranchisement and LVTs
When you make your application for lease enfranchisement, you naturally hope that the process will go as smoothly as possible. Of course, though, like almost any issue in life, there are issues that arise and problems that can come up no matter how careful you are. We take you through some of the key ones so you can be prepared when you decide to exercise your right to enfranchise.
One of the biggest issues you are likely to come up against when seeking to exercise your right to enfranchise, or the right to purchase your freehold, is the current freeholder or landlord disputing your claim to buy. This often occurs when the landlord either believes you do not have a proper claim, there has been some sort of coercion going on, or if they do not wish to sell the freehold at all. The freeholder can also refuse to sell you the freehold if they need the property for their family or if they are intending to demolish or remodel the property, in which case you may be eligible for compensation. If they refuse for any other reason, however, you can apply for a court order to force them to sell you and your fellow tenants the freehold.
This can sometimes lead to what's called a Leasehold Valuation Tribunal, which are locally based quasi-judicial bodies with the authority to make decisions on issues relating to leasehold enfranchisement. This means that they have been given power by government legislation to make decisions that would otherwise be made by the courts. The issues relating to lease enfranchisement that they can rule on include:
- The price that the freehold should sell for.
- Who is liable for the costs associated with the purchase.
- Adjudicate in disputes over the selling or purchase of a freehold.
In most cases the LVT are used where a decision has not been reached by the local or County Court, therefore there will often be a large amount of evidence available already and the LVT assessors will look at your original claim and what counter-notice your landlord provided you with. The person whom is the claimant before the County Court will become the applicant before the LVT.
Many of the case which appear before the LVT will have to have a hearing, in which, oral and written evidence will be presented. A decision will generally be made within 6 weeks of the hearing and the decision of the LVT is binding on all parties related to a particular lease enfranchisement case.
About the Author
Bonallack & Bishop are specialist lease enfranchisement solicitors (http://www.enfranchisementsolicitors.co.uk ). For advice on the right to enfranchise contact them today. Senior Partner Tim Bishop is responsible for all major strategic decisions at the firm, which he has grown by 1000% in 13 years. He sees himself as a businessman who owns a law firm.
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