Coppen Estates. . . .Sheffield

Just a quick update for the OP.

 

I got my offer from Coppen last week, two months after beginning the process. It isn’t cheap, but I was expecting to pay more, so I’m quite happy.

 

As Jeffrey says, they did ignore a couple of letters from my solicitor, but the suggestion of enforcement action soon had the desired effect.

Congratulations and Well done. I wish my Solicotor had gone down this route. We have been waiting for over 6-7 months now and no reply I think I will be using a new Solictor me thinks.

---------- Post added 21-09-2018 at 17:03 ----------

With regards to buying lease off Coppen? Been advised to get a surveyor to do a valuation for the purchase of the lease. Can anyone recommend a surveyor who's expert in such matters please?

John Rhodes 01612128533

With regards to buying lease off Coppen? Been advised to get a surveyor to do a valuation for the purchase of the lease. Can anyone recommend a surveyor who's expert in such matters please?

Not quite accurate; YOU own the lease, I think, whereas Coppen owns the freehold reversion- and it's that which you want to buy.

---------- Post added 23-09-2018 at 15:26 ----------

I got my offer from Coppen last week, two months after beginning the process.

In this instance, Coppen seems to have done nothing wrong.

After the leaseholder serves Notice of Claim, the freehold reversioner has two months within which to reply.

See paragraph 7 in Schedule 3 to the Leasehold Reform Act 1967, below (with my added underlining):

(1) Where a tenant of a house gives the landlord notice in accordance with Part I of this Act of the tenant’s desire to have the freehold or an extended lease, the landlord shall within two months give the tenant a notice in reply in the prescribed form stating whether or not the landlord admits the tenant’s right to have the freehold or extended lease (subject to any question as to the correctness of the particulars given in the tenant’s notice of the house and premises); and if the landlord does not admit the tenant’s right, the notice shall state the grounds on which it is not admitted.

Source: http://www.legislation.gov.uk/ukpga/1967/88/schedule/3

Hi, can anyone tell me which solicitor is the best to use to buy the freehold from Coppen Estates? We are desperate to buy the freehold and have sent multiple letters, phone calls and visitors to the office. 

Thanks

Can't go wrong with Jeffrey Shaw, he knows the correct procedure to deal with them.

Is he a solicitor? 

He is literally the person who's post is right above your own, all of his contact details are in the signature where it clearly says he is a solicitor?

What would happen in a scenario where a notice of claim has been issued to Coppen Estates and 2 months has passed without response from them, a subsequent reminder letter was issued including the original notice of claim and again no response from Coppen Estates after 2 months, both were sent recorded delivery and so there is no doubt about them being received. It has been 4 months since the notice of claim was issued, I have tried to phone them many times and it is either engaged or no one answers. Our solicitor is due to issue another reminder but surely it can’t go on like this until they decide to respond. Has anyone had this scenario with Coppen before when issuing a notice of claim?

On 26/01/2019 at 07:31, Dave80 said:

What would happen in a scenario where a notice of claim has been issued to Coppen Estates and 2 months has passed without response from them, a subsequent reminder letter was issued including the original notice of claim and again no response from Coppen Estates after 2 months, both were sent recorded delivery and so there is no doubt about them being received. It has been 4 months since the notice of claim was issued, I have tried to phone them many times and it is either engaged or no one answers. Our solicitor is due to issue another reminder but surely it can’t go on like this until they decide to respond. Has anyone had this scenario with Coppen before when issuing a notice of claim?

Jeffrey (or your own solicitor) may be able to give the correct legal opinion but I think there's little you can do except threaten them with court. 

"If the landlord wishes to serve a “notice in reply”, he should do so within two months of the date of service of the notice of tenant’s claim. The surprising fact is that failure to serve a reply does not prevent the landlord from negotiating over valuation, nor challenging the validity of the tenant’s notice, although there could be costs consequences for non-service if the matter goes to court. Also, if he does not serve a notice he cannot later challenge the extent of the premises he wishes to be included, or excluded, from the claim."

...

If the tenant’s claim is not admitted (either in the notice in reply or by non-service of a reply) he will have to apply to the County Court (and not the Appropriate Tribunal) to assert his right."

https://www.lease-advice.org/article/buying-the-freehold-of-a-leasehold-house-the-procedure/

I think you can ask for free advice via lease-advice.org too. 

Yes. After two months, whether or not the freehold reversioner has responded, the leaseholder can begin proceedings.

But these are slow and expensive- hence negotiations (via  Chartered Surveyor) are usually a better way to start.

Thanks for the information I just wondered how a Chartered Surveyor would be able to get a response from Coppen when they don’t reply to a notice of claim.

I appreciate legal proceedings may be high cost but surely there is some way to take Coppen to court in attempt to reclaim these costs. The leasehold advisory service have advised that the landlord should not introduce unnecessary costs into the process and they clearly are. 

That might have to be dealt separately in the small claims court, if they really drag things out unnecessarily.

On 08/02/2019 at 15:34, Dave80 said:

Thanks for the information I just wondered how a Chartered Surveyor would be able to get a response from Coppen when they don’t reply to a notice of claim.

 

I appreciate legal proceedings may be high cost but surely there is some way to take Coppen to court in attempt to reclaim these costs. The leasehold advisory service have advised that the landlord should not introduce unnecessary costs into the process and they clearly are. 

Coppen does negotiate (after a fashion) with Chartered Surveyors but not usually with anyone else.

The leaseholder ['tenant', T] can make application to the First Tier Tribunal (ex-LVT) against the reversioner ['landlord', L].

The FTT has jurisdiction to determine:

a. the price to be paid by T to L;

b. the conveyancing fees of L; and

c. the valuation fee of L.

T is liable, under the Notice of Claim, for items b and c.

Note: the FTT cannot make either party pay the other's fees for going to the FTT or being represented there, no matter who wins/loses.