Should I sell or risk tenants buying at undervalue price?9:08 AM, 25th September 2019
About 4 weeks ago 48
I, together with a group of other long flat leaseholders, have tried everywhere without success to find out whether we will be liable for costs and if these could be high if we lose a case which looks as if it is heading to First Tier Tribunal, as the other side has told Land Registry that is what they want to do. Even Land Registry cannot inform us.
Basically, having received some pro bono legal advice supplying us with various case law judgments, we have registered a UN1 charge on a lease with Land Registry to say we have an implied appurtenant right to free parking on on the forecourt of our block of flats, which, after 40 years of free parking, our freeholder has sold (together with the garage block) to an individual who started off by wanting to charge us £500 p.a. per parking bay but has since dropped it to £60 p.a.
We have offered to buy the forecourt but he is not interested, not will he fix the parking charge for a period at the low rate.
We are worried, if we lose (a) whether he is likely to get costs against us (b) is there a limit or could it be limitless (c) could costs be awarded jointly and severally, i.e. even against those owners of flat leases who did not sign the UN1 (about 50% did)?
If we do not find an answer, we may have to withdraw shortly, as there is only a 15 day window from Land Registry for withdrawal before they force us to proceed with the court process.
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