Unilateral Notice notification

Hi Emma,<br> <br> I spoke to the regulators who they are registered with and I think it would be useful if we both share our experiences with them ? Let me know what you think. You can email me on f430payp@hotmail.co.uk&#160;

Hello<br> Well we finally had a positive outcome and HMLR obviously deemed the third party's objections to be groundless and the UN1 was removed. That meant that the sale of the property could finally go ahead.<br> <br> Thank you so much for your prompt advice and help in dealing with this incredibly stressful situation, I have certainly learned a lot.&#160; &#160;<br> <br> I am trying to help somebody in a similar situation and wanted to ask some final questions before I pass on my experiences to them:<br> Is it possible for the owner of a property to dispute a UN1 with HMLR before it is even registered? (The application for the UN1 has been made, but due to the backlog it has not yet been processed and so it not yet on the register).&#160;<br> <br> If the owner does dispute it with HMLR and sends supporting evidence, can HMLR refer it to the Tribunal at that point?<br> (I believe that the UN1 has to registered first, then a UN4 submitted (and objected to) before anything can be referred to a tribunal, otherwise how do you know there is a dispute? But this person is adamant that they have queried their UN1 with HMLR (before the application has been processed) and that HMLR have told them it has been referred to the Tribunal but it will not be dealt with until April next year).<br> <br> I am concerned that this person is sitting and waiting for something that is not even happening when they could be following the same process I was advised to and actually getting the matter looked at properly.&#160;<br> <br> If it IS possible that they have already been referred to the Tribunal, would they have received some sort of confirmation of this and a case number etc?<br> <br> Thank you again.<br> Emma&#160;

Hello Emma - it's possible to dispute anything but the key Q is really would that dispute be settled by our own actions, those of the parties in dispute or for example legal action/a court.<br> The processing of a UN1 is explained in PG 19 -&#160;<a href="https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register">Notices, restrictions and protection of third-party interests (PG19) - GOV.UK</a>&#160;<br> All things are possible as a UN application is invariably a statement of the interest involved without any supporting documentation. If someone is 'adamant' about something then I assume they have documentary proof of any referral to the Tribunal. And yes they would have the specific details you mention&#160;<br> &#160;

Thanks Adam.&#160;<br> <br> I've asked them the questions re the case numbers etc for the referral as I am still not convinced that this referral is has actually happened. However, I was not aware that the UN1 dispute could even be referred to a Tribunal without it first being processed and the whole UN4 process taking place, so that is something I have learned.<br> <br> Their situation seems identical to the one I was in (same estate agent too) so I recommended they follow the advice I was given by you and the process I FOLLOWED, as it ultimately led to success.&#160;<br> <br> Their dilemma is they are concerned that if they withdraw this current tribunal referral in order to go down the UN4 route and the third party (estate agent) objects so it has to be referred to a tribunal anyway, then they will have lost valuable time.&#160;<br> My theory was that even if they object (as they did in my case) HMLR will see that there is no grounds to the objection and will process the UN4.&#160;<br> That would possibly take a couple of months as opposed to waiting for a tribunal to possibly begin next April.... No brainer to me, but not my circus this time.&#160;<br> <br> There seems to be a bit of a pattern with this particular estate agent, and I would bet money that they only include a purchase option in their agreement so they can ultimately use that clause on a UN1 application in order to prevent the sale of a property through another agent.....or maybe I'm just being cynical!&#160;<br> <br> Anyway, I will pass on your info, thanks again.&#160;<br> ​​​

Emma - cynicism can get you so far in my experience but the one thing I have learned re such matters over time is that from our end whilst things may seem identical they often aren't. That's not to suggest that you are wrong in anyway but seeming to be identical and not being are two very different scenarios&nbsp;<br> Whenever anyone claims that X has happened I would always want to see proof - that's where cynicism can be overcome by facts providing of course you rely on the evidence then produced&nbsp;<br> My experience doesn't stretch as far as dealing with Estate Agents as they are not strictly speaking directly involved with the aspects we deal with when updating a registered title.&nbsp;<br> And, as with all things, the processes are all designed to work smoothly but when there are disputes things can take different turns depending on what each disputing party knows and acts upon.&nbsp;<br> This post adds absolutely nothing to what you already appreciate and understand but your reference to a 'circus' and cynicism prompted me to at least add something&nbsp;

I absolutely 100% agree! That is why I have been quite guarded and used general terms like &quot;seems&quot; to be identical.<br> Trust me,&#160;I believe nothing and trust nobody unless I've seen it with my own eyes and whilst emotions will always play a part in these stressful situations, I only ever rely on facts.<br> As said, I appreciate the advice I have received and I have passed it on.&#160;