You are the leaseholder or proposed purchaser of a flat or house where there is an Absent Landlord and want to know if the lease can be extended, or block of flats or house enfranchised?
Absent Landlords. Tenants or purchasers can still extend leases or enfranchise.
Where there is an “Absent Landlord“, subject to satisfying the qualifying criteria, leaseholders can still extend the lease of a flat; or participate in a block enfranchisement, both under the Leasehold Reform, Housing and Urban Development Act 1993; or enfranchise a house under the Leasehold Reform Act 1967.
Absent Landlords. Qualifying criteria.
For details of the qualifying criteria, see Can the lease be extended? for lease extensions of flats; Can we enfranchise our block? for enfranchisement of blocks; and Can the house be enfranchised? for enfranchisement of houses.
Absent Landlords. What premium or price will I have to pay?
We are able to provide valuation advice on the premium you are likely to have to pay for extending the lease of a flat; or price for participating in a block enfranchisement, or enfranchising your house. See What premium will I have to pay? for lease extensions of flats; What price will we have to pay for the block? for enfranchisement of blocks; and What price will I have to pay for the house? for enfranchisement of houses.
Absent Landlords. Process.
After you have decided to proceed with the extension of your lease of a flat, participate in a block enfranchisement, or to enfranchise your house, an application is made to the County Court for a Vesting Order, after which the Court will refer the case to the First Tier Tribunal (Property Chamber). We then provide the tribunal with an expert witness valuation report. After the tribunal has considered the evidence submitted, possibly including an oral hearing, they will issue their determination. The Court will then authorise the signing of the new lease in the absence of the landlord. The premium / price is paid to the Court, pending the reappearance of the landlord to claim it.
Our services: We are able to advise you on the premium you are likely to have to pay for the extension of a lease of a flat; or price for participating in a block enfranchisement, or enfranchising a house, in all cases where you are the leaseholder or purchaser. Where there is an Absent Landlord we are able to provide the First Tier Tribunal (Property Chamber) with an expert witness valuation report, and if required, give oral evidence. We are Chartered Surveyors, Regulated by RICS, with Registered Valuers that are experts in lease extensions and enfranchisement. We are also able to provide further information in relation to Absent Landlords.
