obtaining 50% freehold when freeholders gone AWOL?

cluelessoncanvey

Just speaking to EA about a property I like the look of. 73 years lease so woudl need sorting. Tells me the freeholder has not responded to any letters or collected any ground rent/service charges for the last 6 years. They have an address for them but have not been getting any response. The EA informed me after 7 years of not being able to get in contact with the freeholder you can legally get the freehold with a solicitor.

I asked is it as easy as it sounds, as I would have thought it wouldn't be possible to do if you can't make contact with the legal owner. Or is their a law or something covering this circumstance and after 7 years it is easy enough to do? Another important question does the 7 year rule carry on or restart apon my owning the property if I took it on? (You may say don't touch with a bargepole!)

Sorry forgot to mention its a victorian building converted into two flats, hence my saying 50% of the freehold in the title as it's the first floor flat I am looking at. In this case it might be getting all of the freehold, dependent on what downstairs are planning to do about the situation (that maybe a good person to talk to on viewing).

SO as usual the helpful people of MSE forums are the first place I turn to for some sound advice.

eddddy

It is still possible to extend the lease with an absent landlord (freeholder) :

Absent Landlords

If, after all reasonable efforts, the landlord cannot be found, this should not prove an obstacle to application for a new lease; the issue can be resolved in other ways.
...
If the landlord just cannot be found then the leaseholders' Notice cannot be served. In this case the leaseholder may make application to the county court for a Vesting Order. If the court is satisfied as to the leaseholder's eligibility for a new lease then it will, in effect, grant the lease to the leaseholder in the landlord's absence. The court will usually refer the case to the First-tier Tribunal (Property Chamber) for determination of the premium.

Source: http://www.lease-advice.org/publications/documents/document.asp?item=8#8

There isn't really a concept of buying 50% of the freehold.

The usual process is that the tenants (leaseholders) form a company to buy the freehold.

Again, it is still possible to buy the freehold from an absent landlord (freeholder) :

Absent landlords

If, after all reasonable efforts, the landlord cannot be found, this should not prove an obstacle to enfranchisement; the issue can be resolved in other ways:
...

if the landlord just cannot be found then the Initial Notice cannot be served. In this case, the tenants may make application to the county court for a Vesting Order. They must make efforts to find the freeholder first, such as placing an advertisement in the local paper.

If the court is satisfied with the efforts made and qualification, then it will, in effect, sell the freehold to the tenants in the landlord's absence. This is subject to application to the First-tier Tribunal (Property Chamber) for determination of the price.


Source: http://www.lease-advice.org/publications/documents/document.asp?item=11#13