Extending a lease with an absent freeholder is possible, but it requires a specific legal process. This situation can be frustrating for leaseholders, but there are solutions available to help you move forward with your lease extension.
Table of Contents
Can You Extend A Lease With An Absent Freeholder?
When faced with an absent freeholder, leaseholders can still pursue a lease extension through a legal procedure known as a vesting order.
What is an absent freeholder?
An absent freeholder is a landlord who cannot be located or contacted. This can happen for various reasons:• The freeholder has passed away
• The freeholder company has been dissolved
• The freeholder has moved without leaving a forwarding addressAbsent freeholders can cause issues for leaseholders, particularly when it comes to lease extensions or property maintenance.
What to do if freeholder is absent?
To extend your lease with an absent freeholder, you’ll need to apply for a vesting order. Here’s a simplified overview of the process:
- Attempt to locate the freeholder
- Apply to the county court
- Obtain a valuation of the lease extension premium
- Attend a hearing at the First-tier Tribunal
- Pay the agreed premium into court
- Receive your lease extension
This process can be complex, so it’s advisable to seek legal assistance from a solicitor experienced in leasehold matters.
Pros and Cons of Extending a Lease with an Absent Freeholder
These are pros and cons of extending a lease:
| Pros | Cons |
|---|---|
| Lease extension is possible | Process can be lengthy |
| Potentially lower premium | Higher legal costs |
| No negotiations with freeholder | More complex procedure |
| Can improve property value | Requires court involvement |
Tips for Success
• Keep detailed records of all attempts to contact the freeholder
• Obtain a professional valuation of the lease extension premium
• Be prepared for a longer process compared to standard lease extensions
• Consider joining forces with other leaseholders in your building
How long does the process take?
The process of extending a lease with an absent freeholder typically takes 6-12 months, depending on the complexity of the case and court schedules.
Can I still sell my property during this process?
Yes, you can sell your property, but it’s important to inform potential buyers about the ongoing lease extension process.
Will I need to pay the freeholder’s costs?
Unlike standard lease extensions, you won’t need to pay the freeholder’s costs when using the vesting order process.
Sell with certainty & speed
How to find an absent freeholder?
To find an absent freeholder, try these steps:
- Check the freehold title document from Land Registry for the freeholder’s name and last known address.
- Send a formal notice to the last known address requesting updated contact details. Keep records of this.
- Visit the last known address in person, with a witness, to make enquiries.
- Ask other leaseholders if they have any information on past management companies or solicitors who dealt with the property.
- Search company records if the freeholder is a company.
- Place adverts in local newspapers.
- Hire a professional tracing agent as a last resort.
- Check probate records in case the freeholder has passed away.
Document all your attempts to locate the freeholder, as this evidence may be needed if you need to apply for a vesting order through the courts.
Sell to us!
At Property Saviour, we understand the frustration and stress that come with trying to sell a property with a missing freeholder. This situation can make your property seem unsellable, as potential buyers and their mortgage lenders are often hesitant about properties with absent freeholders. You might find yourself stuck, unable to extend the lease or make necessary changes to the property, which can significantly reduce its value and appeal.
Many sellers have spent months, even years, trying to track down absent freeholders or deal with complex legal processes, all while watching their property’s value decline. It’s a situation that can leave you feeling helpless and trapped. But here’s the good news – you don’t have to face this challenge alone.
At Property Saviour, we specialise in buying properties with problematic leases, including those with missing freeholders. We can offer you a quick, guaranteed sale, regardless of the lease situation. Our team has the expertise to handle all the complexities, allowing you to move on with your life without the headache of dealing with an absent freeholder. If you’re struggling to sell your property due to a missing freeholder, why not get in touch with us? We’re here to provide a solution and help you move forward.
Property Saviour Price Promise
- The price we’ll offer is the price that you will receive with no hidden deductions.
- Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
- These valuations or surveys result in delays and price reductions later on.
- We are cash buyers. There are no surveys.
- We always provide proof of funds with every formal offer issued.
We'll Pay £1,500 Towards Your Legal Fees
- No long exclusivity agreement to sign because we are the buyers.
- You are welcome to use your own solicitor.
- If you don’t have one, we can ask our solicitors for recommendations.
- We share our solicitor’s details and issue a Memorandum of Sale.
Sell With Certainty & Speed
- Our approach is transparent and ethical, which is why sellers trust us.
- 100% Discretion guaranteed.
- If you have another buyer, you can put us in a contracts race to see who completes first.
- Complete in 10 days or at a timescale that works for you. You are in control.
