Councils Right of First Refusal

carla24

So the consencus is that they cant buy back what they feel like, they buy it all back or nothing, unless we offer part of the garden to them? Cool! Thanks everyone x

Jenniefour

Just keep telling them what they need to pay you for the entire property. I doubt this will go further, common sense must tell them it's not a goer if it doesn't say in the documentation that they have first refusal on whole or part of the property. I would ask them to point out the part to you that says they have a right to first refusal on any part of the property they take a fancy to. I think they're stuffed. They made a mistake, too bad, they can't use your current sale to make you sell that bit of garden back to them. What a terrific waste of tax payers money.

Soot2006

Actually ... I think you should definitely sell them the little piece of garden they want.
For about £100,000 ... I think that's fine use of my taxes.

carla24

They waste every penny we give them as far as I can see, councils havent got a clue! Thats how we ended up in this mess because of their incompitence!! Oh well we shall see what happens i guess. Thanks again everyone

Richard_Webster

Isn't the point that they could exercise the right to buy back the whole house and then sell it on.

If you simply want to sell it then they might as well buy the whole thing. This would mean that you would in effect have to haggle with them over the price and that could take a long time.

What they will do is say that if you push them they will say they want the whole house but will compromise by only taking part of the garden.

The trouble is that a buyer' solicitor will want evidence that the Council have not exercised their right of first refusal and while you have correspondence flaying back and forth they are not going to be easily persuaded. A buyer' solicitor is likely to want something clear from the Council saying they are not exercising the right rather than legal argument from your solicitor to the effect that only trying to buy back part isn't exercising the right.

Is this piece of garden worth a lot in terms of extra amenity to you or to a prospective buyer?

jhxmt

"I'll sell you my house for £250,000, in line with your right to first refusal."

"No, we only want the 3 square feet of garden at the back."

"Okay, then I'll sell you the 3 square feet of garden at the back for £250,000, in line with your right to first refusal."