Failing to reply to solicitors letter / Compulsory Purchase Order by Town Council

rocky2

Hello,

A family member had property taken over by a town council over 3 years ago through a compulsory purchase order, the council still have not paid for the property.

The family member has lost rental income, parking space for their car, their back garden has been reduced considerably and due to the usage of the claimed property their privacy in their home has been affected dramatically.

The main issue is that the town council are simply not willing to engage with this person in regards to compensation. For example they simply do not reply to solicitors letters. My query is, what can be done to move this process on further, when the town council are deliberately stalling and refusing to engage with this person…by not replying to the solicitor’s letters.

I have been told unofficially that the town council does not have the money to pay for the property, and that it is in the councils favour to drag this on as long as possible as the person in question is a pensioner.

Hope you can provide some insight.

Thank you.

nuac

Any owner whose property has been compulsorily acquired can apply for an arbitration hearing to fix the compensation due.

Your solicitor should serve the appropriate notices

Tow

I know of one group who waited for years to get CPO money from Fingal Co Co. They has to start High court procedings to get any movement from them.

gizmo555

What about a complaint to the Ombudsman? Her remit includes local authorities.

nuac

If you get an arbitrator's award it can be enforced by court action

Can they take over the property before they fix a price or pay anything (even on account). Seems not fair.

The ombudsman seems a good way to go, as refusal to answer letters comes under his ambit and should fire up the process again.

Uriel.

DrDonkey wrote: »

Can they take over the property before they fix a price or pay anything (even on account). Seems not fair.

The ombudsman seems a good way to go, as refusal to answer letters comes under his ambit and should fire up the process again.

In relation to your initial question. Yes the can take over the property before a fixed price is agreed.

However, Political suicide really in some respects, specifically in the alleged behaviour in dealing with the person involved.
Arbitration may be the best route but comes at a cost of course. There isn't enough information to advise more fully on the matter. Op is clearly engaged with a legal representation and should discuss options in that forum.

Op In the mean time, you could contact the ombudsman as suggested earlier in the thread. Also, no harm in going political. Raise the matter with local councillors in the first instance and the Minister with responsibility for local government (Phil Hogan). It's a cheap way to put pressure on the political system. It may or may not yield a positive result

Tow

Deleted User wrote: »

Can they take over the property before they fix a price or pay anything (even on account.

Yes, but they have to value the property at the point in time they got it.

rocky2

Thank you to all of you for taking the time to reply to my query.

This problem has been heard by an arbitrator, but they were unable to make a decision....I need to find out more about this, so I may be able to provide you with more information.

The council have also disputed the valuation of the property, when it was taken over it was valued at x, now they want it valued at y.

I do now that the person involved spoke to the obudsman a few weeks back, so we will see what comes from that.

What I find baffling is that the council simply refuse to respond to any of the solicitors letter sent to them.

Again, thank you for your replies.

nuac

You should contact your solicitor to ascertain why the arbitrator can't decide the case.

If possible try to get the arbitrator to proceed and give a decision.

Council wlll have served a "notice to treat" when or just before entering the land. That is the valuation date