I was much amused to see that solicitors acting for the landlord on a claim I have been instructed to negotiate the premium for an extended 90 year lease not only accepted my client’s predecessor’s s42 notice within 12 says of receipt but was accompanied with a supporting recorded delivery covering letter stating the notice was being accepted as a “protective” measure just in case the landlord failed to serve a s45 counter notice and thus permit my client the right to buy “the freehold of the property at the price stated in the notice.”
The notice of course claimed only a 90 year extension (not freehold) and gave a full 2 months for the landlord to respond (as all other landlords I have worked against since 1993 adhere to.)
The landlords’ solicitors in immediately accepting my client’s assigned notice proposed a high counter notice premium (although there is no compunction on a landlords counter notice premium to be reasonable) followed with a further comment in the covering letter saying “when our clients have their valuation advice, we will let you know the true figure our clients believe the freehold extension is worth.”
The landlords valuer has now inspected and responded with the ‘true figure’ of a quoting premium some 33.43% lower than the price stated on the notice albeit not for the freehold (which of course is correct…..unfortunately!)
Negotiations will now open in the new year.