Good afternoon All

We are currently in the process of enforcing the sale of a long term empty property.  It is going to an auction this week, on Thursday 8 December 2011.  However, the owner  materialised last Friday afternoon after a very long disappearance.  He came to see us to pay 'the debt' in order to stop the property going to the auction.  We are just in process of arranging copy invoices for him to take to the Cashiers for payment today (Monday).

However, whilst we are going to be asking him to pay for the costs of the works in default, for which the enforced sale is proceeding, we would also, ideally,  like to ask him to pay for further costs (which would have been payable out of the proceeds of the sale should the auction go ahead) such as :

• All Officers time and expense  (already in the region of £550)
• The cost of an independent Valuation (£85)
• The abortive auctioneers costs (£900)
• Legal Fees

We are looking for confirmation as to whether it is possible to ask the owner to pay these costs prior to auction,  under the Enforced Sales Procedure.  

Whilst the owner in this case hasn't been told clearly in advance of any 'extra' costs,  would it ordinarily be possible to ask owners to pay for these costs, prior to an auction going ahead,  if they had been told clearly, in advance, and in writing?

Looking forward to hearing from you

Eileen Johnson

Calderdale MBC

Tel 01422 392438

eileen.johnson@calderdale.gov.uk