Block Of Flats
Bukola Obadun-Craigs - partner

My landlord is missing can I still extend my lease?

In short yes! You will first need to make an application to the County Court for a vesting order.

If the County Court decides that an order should be made the claim is transferred to the First Tier Tribunal to determine the price and other terms of the acquisition.

Procedure

  • Before making an application to the County Court for a vesting order, all reasonable efforts must be made to trace your landlord or to ascertain the identity of your landlord and have been unsuccessful.
  • You will need to provide evidence both to prove that you have the right to extend your lease and an effort has been made to trace your landlord, who cannot be found. The court can impose further steps to be made to trace your landlord.
  • Evidence of attempts to trace your landlord could include:
    • Landlords last known address(es)
    • Online searches on your landlord’s name or if a company, a general search to see where the name(s) appear.
    • Statements of any witness who has visited last known address(es)
    • Returned correspondence to landlords last known address(es)
    • Bounced back emails to landlords last known email address(es)
  • Once the court makes a vesting order it will refer the case to the FTT for terms to be determined. The FTT stands in the shoes of your landlord for assessing the correct premium price to pay so you must provide detailed valuation evidence from an expert surveyor.
  • A vesting order is one for the surrender of an existing lease and the grant of a new lease on terms to be decided by the FTT on a statutory basis as in the case of a standard claim.
  • The application for vesting order can be withdrawn at any time before the new lease is completed but if any step has been taken towards progressing the claim, permission from the court is required.

If you would like to discuss any of the above or your individual rights as a leaseholder, please contact

Bukola Obadun-Craigs bukolaobadun-craigs@roythornes.co.uk

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