How do I find my missing freeholder?

funandfrugal

Hi there, I am moving back into my flat. I bought it 5 years ago and £12 was requested as 6 months ground rent, twice, which I paid, cheques to the address on the request which were cashed. And thats it. When I was going to sell 2 years ago the address and phone number on those requests got no response, even my (rubbish) solicitor tried to contact her to no avail. Then I decided to rent it out. Now I am moving back and as my tenants have wrecked it, Iit will be a while before it is in a saleable condition so I would like to get my (huge) loft made into more living space, not dormer just velux, nothing major. I apparently need the freeholders permission. My block is 4 flats, two up two down, none of my neighbours have any info. What can I do?
Thanks, Trace

Richard_Webster

I assume you have tried getting the freehold Land Registry entries and the address on there for the freeholder is also a dead end.

Unless the lease includes the loft area AND the freeholder's consent is not required for alterations you won't be able to add the loft to the flat without his consent.

A long way round it might be to get together with a majority of the other flat owners, set up a company and seek to buy the freehold. This would be tedious because you have to give notice of the application to the freeholder first. If he can't be found you have to make an applicaiton to court to dispense with this service or notice or for some other method (e,g advert in local paper) to be deemed adequate. You then have to go all through the Valuation Tribunal procedure for them to fix a price and eventually you pay the money into court and the LVT orders a transfer into the company's name. If the freholder ever tunrs up he can get the money out of court.

Once you collectively own the freehod you ask the others who with run the company to agree to the lease being varied to include the loft.

A lot of obstacles there and a lot of time and cost and you will probably think it is isn't worth it. I can't think of any other way ahead for you. Maybe someone else can!

funandfrugal

Wow thats involved. I will dig out the lease, I am sure it includes the loft but will check for any info on alterations.

If I do loft without consent, what's the worst that can happen? Many thanks, Tracy

Robert_Sterling_3

funandfrugal wrote: »

If I do loft without consent, what's the worst that can happen? Many thanks, Tracy

You might have to "un do it".

Richard_Webster

If the loft is in the lease, but you need and can't get consent, then you would have to try to get an indemnity policy if you wanted to sell the flat. This could be expensive because leasehold covenant indemnities are less straightforward to obtain than freehold ones.
If the loft isn't in your lease (and please check the point with your solicitor) a policy isn't going to help. After 12 years use of it you might get a posessory title to it but do you want to wait that long?

If the landlord is still absent when you sell you will also need an absent landlord indemnity.