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Dear advice seeker,
it will depend on the exact wording of the leasehold contract:
Because you will not be able to make the entry against the will of the owner.
If the right can only be encumbered with the consent of the property owner, such consent is also required in the contract with regard to the specific amount.
You are welcome to send me the contract directly via my email address so that I can then check it.
But if the owner refuses, as here, you can only have the refused consent replaced by court proceedings.
This right to consent exists if it is refused without sufficient reason.
It is not possible to determine whether this is the case. It must not be very general considerations or concerns that the property owner reproaches you with. That needs to be checked carefully.
Your approach is correct, however, that around 70% of the current value of the right can be assumed. So the owner’s calculation is not correct.
Kind regards
lawyer
Sylvia True-Bohle
query from the questioner
12.04.2022 | 10:17
demand
1. You write that approval can only be enforced through court proceedings. I would like to know what the costs of such a procedure are and how long such a procedure lasts. The loser has to pay the costs of the proceedings.
2. The contractual partners would have to agree to a 70% loan if the apartment is sold. At a sales price of €300,000, that would be €210,000
Kind regards
Olbrich
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Response to attorney’s query
12.04.2022 | 12:17
Dear advice seeker,
the dispute will generally be assumed to be 20% of the intended EUR 80,000.00, i.e. EUR 16,000.00 for approval.
Your risk in the event of defeat then amounts to around €4,900.00 for the first instance plus the costs for out-of-court representation and the costs of the counter-attorney as well as the court costs.
If the amount of the entry is €210,000.00, the risk then amounts to a value of around €8,000.00.
The loser has to bear the costs of the proceedings.
It is not possible to predict exactly how long a procedure will take. It also depends on the burden of the respective court. However, at least 6 months can usually be expected.
Kind regards
lawyer
Sylvia True-Bohle
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