Unilateral Notice notification

Hi
The short answer is no - have you?
I have been dealing with the matter myself but it originally involved 13 properties so was quite complicated. Thankfully (and due to their own failings in many cases) we were able to remove 5 from them and sell elsewhere, and it is one of these that they are blocking (though they are claiming breach of contract on three properties for differing reasons).

I have just today been notified by LR that they have objected for the second time - I am waiting for a letter from them with the grounds because I assume they will have to be different from their first objection given that we gave them notice (again) to end the contract (and hence the option clause) and the solicitors fees they were trying to claim not only had never been paid by them so were not due to them, but I had already paid the solicitors directly BEFORE their first objection (and don't get me started on the dreadful solicitors firm they used).
The situation with them has been horrendous and VERY costly and I am almost glad to have found somebody else who has suffered at their hands - but you have my deepest sympathy. 
I don't know how similar our cases are in the lead up to this point, but we are clearly both being held to ransom. Having used three other estate agents for the final 5 sales, it is now glaringly obvious just how poor and intentionally misleading NR's contract is.
They have a solicitor acting on their behalf and have been threatening legal action since May last year but have not progressed it yet, though we have decided as a family that we are prepared for them to take us to court. We have not heard anything further on that for 6 months, but of course abusing the UN1 process is probably a more economical way of trying to get their disproportionate fees paid because they know we cannot sell whilst the UN1 remains.

If LR find that their grounds do stand on this second application, then we have no choice but to let it go to Tribunal to be resolved one way or another. 

We wont be surprised if NR do follow through to legal action and will probably get a solicitor at that point. 
I am sure LR don't want to know our ins and outs on here, but I would be interested to know more of your circs via an alternative forum if this isn't resolved - perhaps strength in numbers? 
Emma
 

Hi Emma,

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 

Hello
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.

Thank you so much for your prompt advice and help in dealing with this incredibly stressful situation, I have certainly learned a lot.   

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:
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). 

If the owner does dispute it with HMLR and sends supporting evidence, can HMLR refer it to the Tribunal at that point?
(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).

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. 

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?

Thank you again.
Emma 

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.
The processing of a UN1 is explained in PG 19 - Notices, restrictions and protection of third-party interests (PG19) - GOV.UK 
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 
 

Thanks Adam. 

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.

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. 

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. 
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. 
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. 

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! 

Anyway, I will pass on your info, thanks again. 
​​​

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 
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 
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. 
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. 
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 

I absolutely 100% agree! That is why I have been quite guarded and used general terms like "seems" to be identical.
Trust me, 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.
As said, I appreciate the advice I have received and I have passed it on.