Missing leaseholder neglecting property - case for s146 action or abandonment?

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    #31
    Hello again xsandrag

    A few quick points:
    • If you make an offer to buy the lease I believe you will waive your right to forfeiture (I use the term 'right' loosely!);
    • You cannot force a sale anyway;
    • Forfeiture is not a simple or quick process, rarely achieved and should only be considered as a last resort.
    I think your best next step is to speak with a solicitor before taking further action.

    I hope it works out for you.




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      #32
      Now that you have traced the leaseholder, I would send her by post valid demands for any amounts which she owes including the appropriate notices, a notice requesting access to her property and a request for confirmation of insurance cover. I would obtain a certificate of posting the letter from the Post Office.

      When you receive the insurance details, I would contact the insurer and ask for the freeholderā€™s interest to be noted on the policy and ask to be notified before the insurer allows the policy to lapse.

      I would definitely not turn up unannounced at her property with a notice in your hand and an offer to buy her property. I would allow her time to consider the correspondence and respond. I would try to speak to her, maybe by telephone if she does not contact you and enquire if she may be interested in selling the property.

      At the moment, you do not appear to have any grounds for forfeiture. I would regard the forfeiture clause as no more than a threat to be used to collect monies to which you may be entitled and as a means of recovering your costs (if the lease permits) in the event of legal action. If you ever succeed with a forfeiture claim, please come back and report the details because it would be so rare that we would all like to know how it was achieved.

      If you still wish to claim forfeiture of the lease, the steps to follow would be different to the above, you would need to establish grounds for forfeiture and you should not claim any rights under the terms of the lease eg that you are owed monies or have a right of access. Another point to consider is that by the time a claim for forfeiture is determined, it may be too late to legally demand some of the monies to which you are entitled. The sums involved in your case appear to be small but in other cases, they could accumulate to a significant amount.

      I agree that you should continue to seek legal advice.

      Comment


        #33
        This is so confusing! Okay so I may have already waived my 'right' to forfeiture as I sent a letter expressing my mother's interest in acquiring the leasehold in December. I will write to her traced address first in that case and wait to speak with a solicitor before I send anything, thank you again for the advice

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          #34
          It is more than confusing, it is a minefield and there is nothing wrong in admitting that you did not fully understand, you are not alone, that is why you need to seek legal advice. We can only try to warn you of the risks and try to point you in the right direction.

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            #35
            Yes, greatly appreciated thank you

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              #36
              Hi , any update on the above? Thanks

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