As a Tenant, you may want a longer lease to increase marketability of your property
Under the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993) you can request a new lease for a term equal to the remainder of the existing lease with an additional 90 years. Or you may want to collectively purchase a freehold of your property. You need to serve the correct Notices under the LRHUDA 1993 on the competent Landlord.
What happens then, if your Landlord is missing?
A Tenant can apply to Court for a Vesting Order. This procedure is used when the Landlord is missing. You need to be able to show that you have taken to steps to trace the Landlord, whether this is through a tracing agent, or your own enquiries.
The Tenant’s claim is issued in the County Court and then is transferred to the Property tribunal for them to determine the premium payable. Expert Surveyor evidence is required to show what premium needs to be paid. The Tribunal will appoint its own Surveyor to ensure the premium is fair.
Once the tribunal is satisfied with the premium to be paid, the matter is transferred to the county court and a designated District Judge can sign the new Lease once the premium is paid into Court.
What happens if the Landlord is not communicating?
If you have served your notice requesting a new lease, and your Landlord has not responded, you can apply to court for an Order that the Landlord grants you a new Lease. In certain circumstances you can ask the Court to order the Landlord to pay your costs.
Procedures under the LRHUDA 1993 can be complex, and certain steps must be taken within strict time limits, otherwise your claim may fail. Therefore, legal advice and assistance on your situation is advisable.
I have successfully acted for Tenants where the Landlord is missing or does not respond. For further information on anything mentioned above, please contact me, Kate Maslen, Partner in the Dispute Resolution Team, by telephone on 01395 280389 or email katemaslen@wbw.co.uk.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
