Absentee leaseholder who and where do I serve a notice

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

  • Gordon999
    replied
    I suggest checking the name of leaseholder ( title holder in records kept by Land Registry ) and name of last council tax payer with the Registry for Births and Deaths and place advert in local paper for 3 weeks seeking to contact with those persons

    Leave a comment:


  • sgclacy
    replied
    When registering your interest as a lessee at the Land Registry (Form AP1) you have to give an address for service so the address at the Land Registry should suffice

    Once you have a money judgement or a determination of the breach then post 14 days you can serve the Section 146 Notice

    After say 28 days you can then apply for a possession order

    However the judge will require you to have searched for the person before he issues the order for possession and there are specialist tracing agents who are usually quite successful and evidence that they have been engaged will need to be shown before the judge finally gives a possession order. The costs of such tracing agents would be recoverable from the lessee as a condition of lifting the Section 146 Notice and at a cost of circa £150 I doubt that will be challenged

    Of course, as stated earlier if there is a mortgage they will need to be advised of the proceedings as that is a requirement of the County Court Rules and would have also been a requirement of the notice of charge receipted by either you or your predecessor. They will then step in a remedy the breach

    Leave a comment:


  • Section20z
    replied
    Originally posted by FHM74 View Post
    There is no mortgage, and no other address at the land registry, but do I have to show that I have searched for the owner? In fact who is the owner??
    The lessee (owner) is whoever is registered on the land registry title, you only have to serve notice elsewhere if they have notified you of another address. There is no obligation for you to search for them anywhere else If I were you I would issue money claim online directly.

    Leave a comment:


  • FHM74
    replied
    There is no mortgage, and no other address at the land registry, but do I have to show that I have searched for the owner? In fact who is the owner??

    Leave a comment:


  • Section20z
    replied
    Just serve notice on the address registered at land reg and the property if different You will need to get a court ruling on the arrears to then serve forfeiture notice and you should win a flat. Happy days.
    If there is a charge (mortgage) on the flat then they will pay before you forfeit so you must inform them

    Leave a comment:


  • FHM74
    started a topic Absentee leaseholder who and where do I serve a notice

    Absentee leaseholder who and where do I serve a notice

    I am the freeholder of a building bought in 2009 of which the ground floor flat has a lease for 73 years. The leaseholder has disappeared and has been out of contact for 4 years. Neither the ground rent (£50 pa) nor their share of the building’s insurance has been paid. I have an email address but the leaseholder is now not replying. I have a postal address but don’t think she is there either. The flat remains vacant and all services have been cut off due to non payment since 2018. The property is falling into disrepair and I am getting complaints from the neighbours due to rats and damp. I now have to do significant remedial work. This behaviour breaks numerous clauses in the lease. I have no idea if or when she will return.
    To add to the mystery the person I was told was the leaseholder is not the registered owner according the land registry. And I can find no proof she owns the flat. (Last change registered in 2000)

    I am considering forfeiture but
    a) who do I serve notice on
    b) where do serve notice
    c) how can I find out who owns the lease

    any suggestions as to the action I should take?

Latest Activity

Collapse

  • Freeholder failure to maintain
    by Catastrophiser2020
    What to do about a freeholder that doesn't maintain property?
    Unfortunately right to manage is not an option
    There is damage to my property due to FH failure to repair...
    22-01-2022, 20:36 PM
  • Reply to New Government proposals re leasehold reform
    by sgclacy
    As I said earlier if a property is burdened with a ground rent of £300 - £500 per annum and it rises by the RPI or doubles every 20//25 or 33 years how is that the stuff of nightmares ?

    We are regarded in a world stage to have a very advanced legal system and as seen as a safe place to...
    22-01-2022, 20:15 PM
  • New Government proposals re leasehold reform
    by perigee
    I see that there are proposals to simplify the extension/enfranchisement procedures and reduce the costs for lessees, including abolishing marriage values. I appreciate that these are early days but is there any guidance from professionals acting for landlords - as distinct from lessees - on these...
    12-01-2022, 17:53 PM
  • Reply to New Government proposals re leasehold reform
    by Lawcruncher
    A lease is the grant of an estate in land. The estate granted is a "term of years", a label which describes what is in the tin. Virtually all leases have conditions attached or implied, but the conditions are not essential. A lease may for convenience be regarded as the combined grant of a...
    22-01-2022, 19:51 PM
  • Who can view CCTV?
    by Luverlyjuberly
    I'm having a problem with someone spitting in the communal areas of our block of flats. The person is the boyfriend of a tenant. She has already been spoken to about the incidents but I think it likely that he denied it was him or claimed it was a accident (as he had a nasty cold when the spitting...
    22-01-2022, 19:30 PM
  • Reply to Section 61 and my Landlords rights for an order of possesion
    by sgclacy
    In 55 years time, you may be faced with the possibility that the freehold is able to buy your flat at its market value.

    You undertook that exercise in 2008 so if you were just 21 then this "problem" would concern you when you are 90 - if freeholder can satisfy the court about...
    22-01-2022, 15:26 PM
  • Section 61 and my Landlords rights for an order of possesion
    by andyg1
    Hi All

    I wonder if anyone can set my mind to rest, i am the leaseholder of the flat in question . In 2008 i employed a firm of solicitors to extend my Lease . It was a 99 year lease granted in 1978 and it was eventually extended for an additional 90 years . During negotiations...
    20-01-2022, 16:35 PM
  • Reply to New Government proposals re leasehold reform
    by sgclacy
    It is the financial burden that the ground rent imposes on the property that needs to be valued correctly.

    The consumer credit act sought to value one financial product with another, by having the APR quoted to assist the purchaser make an informed choice. My proposal would be that the...
    22-01-2022, 15:09 PM
  • Reply to Neighbour’s automatic garden watering system
    by Section20z
    Seriously ??? If it's really the neighbours water then just dig a couple of meter deep trench along the boundary and put a French drain it.
    £80k ? Someone's having a laugh with you...
    22-01-2022, 14:03 PM
  • Neighbour’s automatic garden watering system
    by Joubert
    I am the director of a freehold company which has a number of flats in a purpose built mansion block.

    One of the lower ground flats has a serious damp issue which has been addressed several times over the years at considerable cost by the building. The damp is coming through the floor...
    18-01-2022, 10:03 AM
Working...
X