Forfeiture of lease by the Freeholder

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    Forfeiture of lease by the Freeholder

    I am a BTL leaseholder. My tenant did not send me the ground rent and service charges demands and court notices. Unlike the previous freeholder this one did not send me any papers at my residential home. Therefore the bailiffs were sent and the property taken by the freeholder. I am willing to pay all the service charges and ground rents, can I apply to the court for the forfeiture decision to be overturned?

    #2
    It really is quite difficult to have a lease forfeited. As such I doubt you will find many people with experience of trying to appeal one.

    However, it might be possible if the lease hasn't been re-sold.

    Even if the tenant failed to forward the notices, you should still have realised that payment was due.

    Comment


      #3
      I would suggest if you have a leasehold property forfeited without your knowledge, your immediate port of call is the nearest housing lawyer for proper legal advice and action, not an internet forum......
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      Comment


        #4
        Are you a long leaseholder ? on 99 or 125 years lease ?

        You should consult a solicitor specialising in Landlord & Tenant Act matters and how to recover your property after forfeiture .

        Normally the mortgage lender will contact you in any arrears situation and ask you to pay.

        If you are letting through an agent , the tenant in the property may not know your address.

        Comment


          #5
          You need to explain more. Why were letters sent to your tenant? Did you give the FH your actual address ? As mentioned forfeature is very rare and there would be a while host of court dates first...I assume you knew nothing of them.

          I'd get in contact with a solicitor ASAP and show him the court docs
          Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

          I do not accept any liability to you in relation to the advice given.

          It is always recommended you seek further advice from a solicitor or legal expert.

          Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

          Comment


            #6
            The most important thing to do as others have already said is to get professional advice from a specialist solicitor on leasehold matters.

            An application to the court for relief is available upto six months have the landlord has gained possession with a bailiff . The landlord can apply after forfeiture to close the title and apply for a new title for the new lease he grants and if it has then been sold at arms length the court may not be able to grant relief as an even greater loss would befall on the new lessee

            this case illustrates the need to ensure that your address for service is updated when you move on properties held as an investment

            Comment

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