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Coppen Estates. . . .Sheffield

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Has anyone ever purchased or been offered the right of 1st refusal on their freehold before Pas property services or Coppen estates bought it?

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Has anyone ever purchased or been offered the right of 1st refusal on their freehold before Pas property services or Coppen estates bought it?

There is no such right for houses- only for flats.

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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?

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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. 

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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.

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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. 

Edited by Dave80

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

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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.

Edited by Jeffrey Shaw

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We are going through the legals of purchasing a leasehold property in sheffield

 

The freehold is owned by coppen estates - 160 years left , £30 a yr ground rent

 

We are informed by the vendor that he has not received any bills for the ground rent in the time he has owned it. 

 

In order to add value we would like to purchase the freehold after purchasing the leasehold i.e after completing the purchase. Apparently we would have to own it for 2 yrs? what steps can we take / ask the seller to take to ensure that we will not have to wait the 2 years?

 

does anyone that has done this have any idea of the costs involved ? i.e legal costs/ costs to purchase? and a recommended solicitor that has dealt with them ?

 

thanks

 

 

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The only way to avoid that 2 year delay would be for the current owner to purchase the freehold.  But it's not a quick process, so that would likely delay your purchase.

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17 hours ago, avromo said:

In order to add value we would like to purchase the freehold after purchasing the leasehold i.e after completing the purchase. Apparently we would have to own it for 2 yrs? what steps can we take / ask the seller to take to ensure that we will not have to wait the 2 years?

From what I understand the process is current owner issues the 'notice of claim' (i.e. intention to buy the freehold reversion) then transfers it to you as a 'benefit of the sale'. You can then go through the process of buying the reversion as if you'd already lived there for 2 years. 

 

I'm sure its mentioned on other Coppen threads if you have a look - in theory straightforward but as Cyclone says it may delay proceedings. You've got to have a solicitor (and vendor's solicitor too!) who knows their stuff leasehold-wise which isn't a given in my experience. 

 

Jeffrey Shaw is your man for on the forums. I found him through here and used him to purchase our freehold reversion. Wouldn't hesitate to recommend. 

 

Costs will be specific to your case but the general rule of thumb is 20-25 times your ground rent for the reversion itself then your and Coppen's (reasonable) legal and surveying costs. Mileage will vary based on the complexity of the lease, how long negotiations go on and so on.  Not much point in me guessing. One advantage of the two year thing is you can save up. 

 

As for "We are informed by the vendor that he has not received any bills for the ground rent in the time he has owned it. "

 

Must say this is rather un-Coppen like behaviour....

Edited by iwbsheff

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One reason for Coppen not having billed is possibly that the original lease demised > 1 property and someone else is paying the whole rent .

 

Example:

Lease of 4 houses (call them A/B/C/D), granted by L to T.

T later sells-off house A, to 'AP'.

L will usually continue to collect whole rent from T. T has an equitable right (stipulated in the sale-off deed) to collect 25% from AP.

The same happens when T sells-off house B (to BP) and house C (to CP).

BUT when T sells-off house D (to DP), it all changes.

DP steps-into T's shoes. L will now bill DP for whole rent; DP has T's right to collect-in 25% from each of AP, BP, and CP.

 

None of that affects the Leasehold Reform Act 1967 rights for a two-year tenant (leaseholder) to purchase his/her own house's freehold reversion.

 

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