HS2 Compulsory Purchase – Have you received your payment?

by Readers Question

8:58 AM, 16th January 2019
About a month ago

HS2 Compulsory Purchase – Have you received your payment?

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HS2 Compulsory Purchase – Have you received your payment?

As most of you may know, HS2 has compulsory purchased many properties in London and the surrounding areas in which the new rail line is to be built.

We have a property that we have sold to them under the compulsory purchase demand however, it has been over 3 months since we sold it to them and yet we are still awaiting for our payment.

The property at the time was a tenanted property with great yield which we did not want to sell. They even under valued the property during the process so we did not even get the price which they promised us could be achieved, let alone advising us that we would get higher than the market value. They completely went against their word however as the process was so stressful we had to come to an agreement which HS2 did not budge a single finger so we had no choice but to settle as it took so many months back and forth we just wanted our money out and into another property.

Now we are still chasing them about the payment however all we receive is a reply advising us that they “will look into it” and when they do update us they just say “there is still no movement”. We just want our money.

Is anyone having the same issue or are experiencing any difficulties dealing with HS2?

What would be the best way to proceed if there are still no movement on this?

Any help would be greatly appreciated.

Many Thanks,
Robert



Comments

russell branch

9:25 AM, 16th January 2019
About a month ago

Did you employ a professional advisor in the matter? From reading your account there is no indication that you did which to my mind was most foolish.

Mike T

9:37 AM, 16th January 2019
About a month ago

'They went against their word' : 'Didn't even get the price they promise us' : '3 months from sale (completion ?) and no payment'
Something really wrong here, surely completion should only happen when cleared funds are made available ?? You did use a solicitor- didn't you ?
I think that the buyer would normally be liable to pay interest if payment is delayed . Sounds like a bit of a mess. Hope you can get it sorted.

Robert White

10:30 AM, 16th January 2019
About a month ago

Reply to the comment left by russell branch at 16/01/2019 - 09:25
Apologies for the confusion. We did employ a solicitor and a surveyor and they are chasing CBRE for an update on the fund but there are no movement as of yet.

Robert White

10:33 AM, 16th January 2019
About a month ago

Reply to the comment left by Mike T at 16/01/2019 - 09:37
Hi Mike, Compulsory purchase is slightly different but yes on a normal circumstance we would receive our funds before completion. To save some money we purchased another property straight away using some of the funds requested in order to purchase the new property however the remaining funds are still outstanding which we are chasing. Kind regards,
Robert

Graham Bowcock

11:48 AM, 16th January 2019
About a month ago

Dear Robert

I am pleased to see that you are being professionally advised and I hope that your adviser is pro-active in chasing up HS2. As an adviser myself I have found HS2's approach to be patchy. My area is mainly phase 2B, so we are some way off construction yet. They have been under-resourced which made progress difficult. We also felt that their approach to money became more difficult as their budgets and expenditure were being challenged.

It possibly depends on the scheme you are using as they do work slightly differently, although it sounds like you are under a formal CPO. This has a statutory structure and I suggest you ask your agent to go through the sequence of events with you.

It is entirely feasible that property has been taken under a CPO and payment has not been made; it is somewhat rare with houses but very common with farmland. However, HS2 are obliged to pay 90% of their assessment of compensation on entry. This may be lower than your assessment (it depends what variables there are and how well your agent negotiates) but the make-up comes with the final payment.

If you are not happy with the price being paid there is a procedure through the Upper Tribunal (Lands Chamber) to challenge this, but you do need to make sure you have good evidence and a robust case. I have dealt with many clients who "feel" or "believe" that their property is being undervalued but evidence does not support their view. The best thing is to ask your surveyor for an honest opinion of value before challenging.

Returning to the payment of compensation, you will be entitled to Statutory Interest from the due date. Last time I checked, the rate of Statutory Interest is (wait for it..........) 0.5% below the Bank of England Base Rate. Methinks there is little incentive for prompt payment to be made! Luckily there was an amendment to prevent interest payments being negative.

Graham

AJ

20:18 PM, 16th January 2019
About a month ago

surely, no payment means no completion?

Graham Bowcock

20:59 PM, 16th January 2019
About a month ago

Reply to the comment left by AJ at 16/01/2019 - 20:18
AJ

Yes, that’s right. It is unlikely to have completed if all the money has not been paid. However, that doesn’t mean that HS2 have not taken occupation. It is rare with houses but in general it is quite common for acquiring authorities to take land for schemes before they have had completion. That’s the joy of a CPO!

Paul Shears

0:10 AM, 17th January 2019
About a month ago

Reply to the comment left by russell branch at 16/01/2019 - 09:25Having tried to consult "professional advisers" of every sort throughout my life, I rarely find anyone who understands more than a tiny micro bubble of "expertise" if you can call it that.
The current group of some 38 "professional advisers" (builders and structural engineers), that I have approached over the last five months on behalf of myself and three neighbours, actually only produced one single individual who had any value whatsoever to add to our structural problem solution and he was not insured.
Frankly, having no alternative but to allow structural collapse to take place, myself and one of the owners may well proceed "at risk".
For months now, I have been trying to purchase insurance to cover the actual building repair and a warranty and I have got absolutely nowhere even with "specialist project insurers".
It's been my extensive painful experience for decades that the one thing that professional people are not, is professional. I include my own large employers in that and thus, inherently, myself.
The problem everywhere is this: Every time you get a problem in life, fill out a form and pass it on to someone else.


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