Taking our Landlords to Court (again) - updated
On August the 14th our landlords appointed solicitor, Maxwell Winward llp, asked to enter into a four week negotiation period so that we might agree terms on our purchase of the site. This offer to negotiate included the request that we delay submission of our legal action on the Acquisition Order for the period.
The self imposed deadline has now long passed without reaching a satisfactory settlement.
The CQRA has therefore instructed our solicitor to prepare and serve the papers to initiate the legal action by the 10th of October.
This action will be based on specialist counsels advice provided to CQRA. This advice indicates that our members are entitled to take an action for the compulsory purchase of the site from our landlord. Our landlord is Charter Quay Ltd who is ultimately controlled by the Tchenguiz Family Trust. The advice is that our action will be for an Acquisition Order as set out in the 1987 Landlord and Tenant Act.
A layman's guide to Acquisition Orders can now be found on the LEASE web site here
92% of owners signed up to the proposal to go forward with the acquisition plan from the outset, since when this has increased to 96% of all owners on the site.
We will keep members updated on progress.
UPDATE 11/10/12 Following contact from the landlords solicitor on Tuesday 9/10/12 and agreement that his client will enter into certain contractual commitments CQRA has agreed not to ask our solicitor to go forward with submitting the court papers. We will be writing to members over the next few days.
8 October 2012