Forfeiture of lease by the Freeholder

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    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

            Latest Activity

            Collapse

            • Covenants relating to landscaped area
              holmesr923
              We live in a small development of 8 houses. When the building work was finished our local council place covenents on the site such as: no house to used for a business but more particularly that the landscaped area with trees and fencing had to be maintained in good order. The counci refused to adopt...
              20-05-2019, 11:48 AM
            • Reply to Covenants relating to landscaped area
              leaseholder64
              Generally you don't want a situation where part of an estate has reverted to the Crown, and you do want a situation where someone can be made to pay for maintaining the surrounding land.

              Also, if there were someone to enforce against, the council might well enforce using anti-social behaviour...
              20-05-2019, 13:23 PM
            • Communal Vs exclusive access
              Focus
              I live on the ground floor of a 4 story owner-occupied block. 9 flats on the ground floor have a patio outside their property surrounded by communal landscaping. The lease shows the patio area as deck access and states it is for the exclusive access of that property and it is not 'to be used to store...
              01-10-2017, 13:40 PM
            • Reply to Communal Vs exclusive access
              Focus
              RIGHT TO USE THE TERRACE
              The exclusive right to use the terrace edged blue on the Plan 2 for the reasonable purpose intended

              TENANT USER REGULATIONS

              In using the terrace at the property not to:
              a) hang out any washing
              b) fix or install anything which is likely...
              20-05-2019, 13:13 PM
            • Reply to Communal Vs exclusive access
              Lawcruncher
              What we need is the exact wording in the lease as to what rights you have over the patio.
              20-05-2019, 11:22 AM
            • FREEHOLD & LEASEHOLD QUERY PLEASE HELP
              Freeholderandleaseholder
              hello - its a little long, so sorry but please bare with !

              Hubby and I bought a ground floor maisonette in a block of 4 (there’s 3 blocks in total) the land - all 3 blocks is freehold as well as, a private shared driveway/road leading to the garages at the rear (owned by the 12 owners...
              19-05-2019, 06:21 AM
            • Reply to FREEHOLD & LEASEHOLD QUERY PLEASE HELP
              AndrewDod
              This is all highly confusing.

              There is a lease -- why is it void???

              I cannot imagine that a lease (the contract) simply becomes void if the freeholder becomes bankrupt (or ceases to exist in some form) and if the thing they owned becomes owned by anyone or anything. If that...
              20-05-2019, 10:53 AM
            • Reply to Communal Vs exclusive access
              leaseholder64
              It is not entirely clear cut as the management company is still the responsible person for safety issues.
              20-05-2019, 09:03 AM
            • Reply to Communal Vs exclusive access
              Focus
              Good morning, back again after a long absence. So to confirm how the patio can be used, I contacted the landlord directly a year ago and they confirmed they had no issue with me having plants or furniture on the patio, they confirmed to the managing agent also and that as far as they were concerned...
              20-05-2019, 08:37 AM
            • Reply to FREEHOLD & LEASEHOLD QUERY PLEASE HELP
              eagle2
              I am surprised that the solicitor who acted for you when you purchased the flat did not warn you about the lack of documentation and advise you not to proceed. If you have a mortgage, I am also surprised that you obtained one without full and proper documentation.

              I am assuming that the...
              20-05-2019, 05:51 AM
            Working...
            X