FH inheritance refused

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    FH inheritance refused

    Came across an interesting one today.

    At a block (18 flats near London) where LH seems to be split in factions, MA is hopeless and the FH has just expired.

    The LH I know has been told she can apply to court, not FTT, to get a vesting order and then extend lease easily.

    It sounds bogus to me, perhaps if the FH cannot be traced or there is no one to inherit, but in this case the dead FH has a living brother so surely he is the FH now.

    Then she said, its OK he says he wants nothing to do with it.

    Can someone just say no, nothing to do with me, is that enough for the courts to treat it as if the FH is untraceable?

    I said she should just ask the unwilling FH to offer it to the LHs for costs.

    I think your idea in the last paragraph will work out cheapest for your friend.


      But I am right, turning up at court and saying no one is interested in the freehold is not going to get a vesting order is it?

      Offering the reluctant FH money for the FH should trigger the RFR process, and in this block the LH do not get along, so agreeing who can/will but will be a struggle.


        I suggest you place small advert in local paper for consecutive 3 weeks asking for "contact with the freeholder in connection with your application for extension of lease". This will provide proof to the Court that you are unable to locate the freeholder.


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