Getting Your Lease Extension In The Absence of Your Freeholder

Getting Your Lease Extension In The Absence of Your Freeholder

When it comes to getting a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993 (as amended), the process clashofclanshackonlines.xyz/ can be made quite difficult by a landlord playing a disappearing act. This is because it is inherently difficult to serve a notice on a landlord whom is not there.

However the landlord might be a company in receivership in which case the application for a leasehold extension could proceed with the Tenant’s Notice being served on the Receiver, or if the freeholder turns out to be a bankrupt, the Notice could be served on the Trustee in Bankruptcy. In the above instances both the Receiver and the Trustee are deemed to be acting as landlord when the application for a lease extension is made and as such they are required by the 1993 Act to respond with the service of a Counter-Notice and grant of the leasehold extension.

The astute leaseholder, aware that the value and saleability of their property is very closely linked to the length of the lease, would be able, under a provision of the Leasehold Reform, Housing and Urban Development Act 1993, to apply to the County Court for a Vesting Order if there was no landlord who could be found to serve the Tenant’s Notice on. The court would also be able to grant a dispensation for the requirement mortal kombat x cheat tool to serve notice with regard to the vesting order application itself.

In order to grant a vesting order, the court would require the production of evidence of reasonable efforts having been made to trace the absentee landlord. Upon the case being satisfactorily proved and the court being satisfied that the leaseholder is eligible for a new lease then it would effectively grant the lease to the leaseholder in the absence of the freeholder. The court judgement would also provide that funds be ‘vested’ in the court. Additionally the court may defer the case to a Leasehold Valuation Tribunal for a reasonable premium just in case the freeholder reappeared or could be traced in the future.

An application for a Vesting Order can prove to be a complex one, compared to an application for a lease extension, entailing as it does legal costs and a considerable time commitment. The services of a specialist leasehold extension solicitor would greatly help to ensure a favourable outcome for the applicant. When it is considered that such a favourable outcome would both ensure the applicant’s security of tenure and increase value of the property on the check here market, the expense of hiring a skilled professional then takes on the aspect of a very prudent investment.