The landlord now has a maximum of 2 months to serve a Counter Notice, (month 3). Failure to do so means that the nominee purchaser must apply to court within 6 months and request a Vesting Order, otherwise the Initial Notice is deemed withdrawn. The counter-notice must contain one or more of the following statements:

  1. Accepting the right to enfranchisement;
  2. Denying the right and giving the reasons why:
  3. Claiming an intention to redevelop (but only if two-thirds of all long leases have less than 5 years to run);
  4. Which, if any, of the proposals in the Initial Notice are accepted, and specifying counter-proposals for those which are not;
  5. Whether the nominee purchaser is required to acquire more property which would stop being of use to him;
  6. Any other provisions which need to be dealt with as part of the conveyancing process.

The next stage of the process should agreement not be reached is that of a hearing and determination by the First Tier  Tribunal.

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