Leasehold nearing 80 years remaining with possible absent freeholder

booneruk

Hi MSEers, 

I hope this is the correct forum for this. I'm in the situation where I own the first floor flat of a converted West London Edwardian terrace house. I believe I have about 84 years left on the lease and am currently looking to either extend or buy the freehold outright (the other leaseholder being the 1bedroom flat downstairs - this flat is unoccupied after his father, the previous owner, passed away a couple of years ago. I do have designs on potentially purchasing downstairs and converting the whole property back into a house while also performing extensive renovations).

I have a whole plethora of concerns around modifications to the layout and structure performed by the previous owner of my flat which are not detailed in my existing lease, plus clear signs of subsidence/heave at the front of the property. However, my immediate concern regards the potential for marriage value, which I believe would apply if the length of my lease drops below 80years.

The freeholder is an elderly lady who lives in a neighbouring borough. She was described as 'elderly' and 'difficult' to me when I first moved in the mid naughties, so she's certainly very elderly now. I've been sending ground rent to her son over the last 15+ years, and any contact has been with him (either written [letters sent by him] or email). 

I have engaged with a solicitor to pursue either the leasehold renewal or freehold purchase, but they have been unsuccessful in getting a response either from correspondence sent to the address on the lease or the son's email address. I have also had no response from the son to my own emails. This is somewhat suspicious since he emails reminders of outstanding ground rent and emails back when the funds have reached him. 

The solicitor has been silent for the last 3 months, the last communication being that they would need to check with their colleagues on next steps. Surely there are legal avenues I can follow that apply when a freeholder is absent.

If anyone has any advice they feel could assist me with any part of this predicament I would be grateful.

Thanks,

A

eddddy

Is your solicitor experienced with leases and lease extensions?

I'm surprised that your solicitor hasn't advised you to do a statutory lease extension.

In simple terms, you (or more likely, your solicitor) serves the statutory notice on the freeholder saying you want a lease extension. If the freeholder doesn't respond, that's often a good result.

Then you can apply for something called a vesting order - and the court will take over the freeholder's responsibilities, and they'll probably grant a lease extension more cheaply than a freeholder would.


On the other hand, if the freeholder does respond - you'll then have to negotiate the price with them.

But you really do need a specialist solicitor who is experienced in lease extensions.