Council compulsory purchase.

pothole70

Our mums house has been empty now for 18 months, family problems preventing it from being sold. The other day I received a letter from the council stating what is our intention with the empty property and if we don’t respond then they will start proceedings to compulsory purchase it.
With the letter came two forms to fill in, an intentions form which we completed and another form which is the one worrying me.
 It is called a Local Government ( Miscellaneous Provisions) Act 1975 Section 16 and Leicestershire Act 1985 - Section 17. It is asking for my name and address my interest in the property and who I am executor for and to date and sign it.

My question is if I date and sign it does that give them the power to set wheels in motion to compulsory purchase the house.

On the other form we informed them that our intention was to sell the property within the coming months I have an estate agent coming today, but I am concerned with Section 16-17 what powers does it give them. 

I did ring them explaining my concern and was told it’s nothing to worry about it’s just for their benefit, do I trust them I do not.

Thank you for any help or advice you can give.

user1977

What sort of "family problems"?

I doubt the council will bother pursuing it if you appear to have it in hand.

daveyjp

Councils have a duty to reduce the number of empty homes and have to report their figures.  In order to achieve this aim they do have powers to intervene if a home has been vacant for many years and is causing a nuisance.

In this case they know this property has been empty for many months and are simply asking for info so they can update their records.  They are in contact with you and have the latest info so if a sale is likely you may hear nothing more.

Tucosalamanca

if we don’t respond then they will start proceedings to compulsory purchase it.

My question is if I date and sign it does that give them the power to set wheels in motion to compulsory purchase the house.

The council doesn't need your signature to start a CPO.

PRAISETHESUN

Tucosalamanca said:

if we don’t respond then they will start proceedings to compulsory purchase it.

My question is if I date and sign it does that give them the power to set wheels in motion to compulsory purchase the house.

The council doesn't need your signature to start a CPO.

If anything I'd imagine a signed statement from OP stating that they are intending to sell it will act as evidence that the council doesn't need to get involved. Why would they spend their money when they could let OP spend theirs instead.

Even if it does go down that path and they do ultimately acquire it, they will likely still have to compensate you for it's value. Probably not going market value, but something of value nonetheless.

ChirpyChicken

Just get on sell it

pothole70

Thanks for all the replies so then can I assume section 16-17 of the 1975 act is nothing to be concerned about

MattMattMattUK

pothole70 said:

Thanks for all the replies so then can I assume section 16-17 of the 1975 act is nothing to be concerned about

That depends, if you ignore them then they may well decide to use it, if you tell them that you are planning on selling the property then they will likely wait and see if you do, probably writing you again in six and twelve months. 

RAS

You haven't explained the family problems preventing sale, but if you are the executor, you have a duty to maximise the assets. And compulsory purchase won't achieve that. 

Glad you've got an estate agent coming in, probably better to get 3 to quote and look closely at the contracts. Ask here is you want advice on them. If anyone in the family is delaying the sale, they need to appreciate the possible consequences.

Sarahspangles

pothole70 said:

 It is called a Local Government ( Miscellaneous Provisions) Act 1975 Section 16 and Leicestershire Act 1985 - Section 17. It is asking for my name and address my interest in the property and who I am executor for and to date and sign it.

https://www.legislation.gov.uk/ukpga/1976/57/section/16#commentary-c7225601

There is potentially a fine if the information is not supplied by the relevant person.

But yes, crack on and sell it.