Page 6 - freehold_enfranchisement

A step by step guide to buying the Freehold of your block 5

Should it become apparent that not all valuation parameters can be agreed outside of the First
Tier Tribunal, a synopsis of what it is recommended that can be agreed prior to a hearing will be
advised to you.

Advice on going to the First Tier Tribunal

If negotiations fail, then we can lodge an application to the First Tier Tribunal for a determination
on your behalf. Lodging an application costs in the region of £350. You will also be responsible
for the costs of representation at the hearing this will be based on an hourly rate for a director
or FRICS qualified surveyor.
To present a case at the First Tier Tribunal, careful preparation of the evidence is required. The
extent of the work required depends on which facts have been agreed through negotiation (it is
unusual to attend the FTT to negotiate everything). This could involve scouring all local sales,
obtaining land registry copy entries to confirm lease details, then seeking confirmation about
accommodation, unit layout/size and getting floor plans and condition details from estate agents
or doing door to door based research. This may take perhaps one to two days. Negotiations
would continue up to the hearing with the intent of agreeing as many facets of the valuation as
possible to keep the hearing relatively simple.

Understanding Tribunal procedure

After lodging your application your case will be allocated a case reference number and listed for
a pre-trial review. At pre-trial review the tribunal will make directions on what evidence they
want to hear and set timescales against which the case is to be conducted.

Our attendance at the pre-trial review is not essential but often this is an opportunity for face to
face negotiations to take place with the other side. This helps all concerned to determine which
areas to focus the evidential part of the hearing day on. For example, it could be that yields are
agreed but the value of the flats is what is referred to the First Tier Tribunal for determination.

The cost of presenting a case at First Tier Tribunal depends on the number of days the case is
listed for and what can be agreed between valuers in the period running up to the case.
As an enfranchising resident committee, you could represent yourself should you choose to do
so. As a group of residents, you are at risk for your professional costs, the application costs and
the freeholder’s costs. As a freeholder, professional advice flowing from a valid notice claiming
is to be compensated to you as part of their enfranchisement rights.

www.leaseholdguidance.co.uk Solicitors | Surveyors | Accountants | Property Managers

Tel: 0207 428 1977 Presented by the Ringley Group