Absent landlord - extend lease or purchase freehold

ethank

Hi. I purchased my lease in 2004, and was informed by the solicitor just whilst drafting the contracts that the landlord is absent. The person I bought from was told exactly the same, and they arranged for indemnity insurance.

I understand that the landlord has been absent for around 10 years. Myself and another leaseholder pay for all refurbishment repairs jointly. I think we have had to spend around £4k over the last few years collectively.

I have done my best to trace the landlord, the landlords address stated in the lease is no longer owned by him. In fact our local MP lives there for the last 8 years. I have searched the voters roll and telephone book, and cannot find him.
The builders on the plans, and the firm of solicitors stated in the agreement no longer exist.

I would now like to extend my lease or purchase the freehold, whichever is the cheapest.

I have 76 years and three months left on my lease.
I bought for 94k in 2004 and similar properties are around £109k now.
Ground rent (if demanded) is £1 per annum.

Your help is greatly appreciated.

Thanks

Ethan

sunnysea83

Hi Ethan

I think as the landlord would appear to be absent it would be an ideal time for you to buy the freehold, normally when a landlord is absent you have to go to the County Court for some sort of order and then it will probably be transfered to a leasehold valuation tribunal to decide the amount payable for the freehold.

There are steps the court will require you to do like putting an ad in papers etc and show that you have actually tried to locate the absent freeholder.

www.lease-advice.org is a good site for some information but i cant find anything on there fore absent landlords, however you might like to give them a ring.

You may want to look at some previous LVT decisions on absent freeholders for both extending the lease and purchase of freehold.
Some examples of lvt decisions:-

http://www.lease-advice.org/decisions/pdf/316.pdf
http://www.lease-advice.org/decisions/pdf/1527.pdf
http://www.rpts.gov.uk/Files/2008/May/40002SYL.htm
http://www.lease-advice.org/decisions/pdf/477_Dir/477_Page1.htm

I just went to the lease website and to LVT decisions and searched absent landlord under the relevant acts 93 and it bought up hundreds of results .


Lvt guidiance
http://www.rpts.gov.uk/pubs_and_forms/pdf/Lease_Enfranchisement.pdf
just gives some general guidiance on the different acts and terms etc which might be helpful.

lease guidiance
http://www.lease-advice.org/publications/documents/document.asp?item=11
http://www.lease-advice.org/publications/documents/document.asp?item=12
http://www.lease-advice.org/publications/documents/document.asp?item=8
http://www.lease-advice.org/publications/documents/document.asp?item=10