Wallace & Co. Solicitors and Notaries.

 Q2. I haven't heard from my landlord for several years. What can I do?

A2. This usually means that you cannot sell your flat. Your landlord / freeholder may be missing. In this situation it may be best to proceed under the 1987 Act if possible, depending on the circumstances. Application is made to the court for the freehold and the Judge signs the transfer. The advantages of this method are that:-

(a) The basis of valuation under the 1987 Act is different, so the price for the freehold is usually lower.

(b) the absence of the freeholder usually means that the freeholder is not carrying out his obligations under the lease. The court will usually make an order for costs against the landlord so you can deduct the legal costs from the value of the freehold and pay just the balance of the price (if any) to the court. In effect this means that you don't have to pay for the freehold because the costs of applying to the court etc. are usually more than the value of the freehold.

Before applying under the 1987 Act you will have to show that you have made serious efforts to trace the landlord, such as using a private investigator and putting adverts in the papers.

If the freeholder is not in breach of his obligations under the leases you may not be able to use the 1987 Act and you will have to apply under the 1993 Act instead but the price will be much higher. More information will be given in consultation.

The freehold company may have been struck off or dissolved. If so, you may be able to buy the freehold from the Crown.

Wallace & Co., Solicitors and Notaries. 11a Station Parade, Balham High Road, London, SW12 9AZ (entrance in Ravenstone Street).
Tel: 020 8675 6755. Fax: 020 8675 2001.
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