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Missing freeholder or silent freeholder?

Written by: Mary-Anne Bowring 02/09/2020
  1068       0
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1. Dealing with an Untraceable Freeholder

What happens if you cannot trace your freeholder and you want to extend your lease or buy your freehold? You can still do so by the vesting order process. This involves an application to the County Court detailing the steps taken to locate the freeholder. The County Court will then transfer the matter to the Leasehold Valuation planetrent.co.uk/blog/could-a-tax-tribunal-ruling-mean-btl-investors-avoid-3-stamp-duty-surcharge'>Tribunal ("LVT") to determine the price to be paid.

2. Vesting Orders for Silent or Stubborn Freeholders

This approach can also be used where you have a silent or stubborn freeholder who refuses to respond to a claim notice. In such a situation, a vesting order application can be made. The Court can determine that the freeholder loses their right to challenge the price (by submitting their surveyor's valuation).

3. Court's Role in Determining the Price

This means that the Court can order that the price be set at that in the claim notice! The freeholder can also be prevented from claiming back their costs from the leaseholder!

4. Need Assistance with the Vesting Order Process?

Any questions relating to the absentee freeholder or vesting order process, please let us know.

Dealing with Untraceable or Uncooperative Freeholders

If you can't trace your freeholder or they refuse to respond, you can still extend your lease or buy the freehold through the vesting order process. This involves applying to the County Court, which may then transfer the case to the Leasehold Valuation planetrent.co.uk/blog/could-a-tax-tribunal-ruling-mean-btl-investors-avoid-3-stamp-duty-surcharge'>Tribunal (LVT) to determine the price. The Court can also prevent the freeholder from challenging the price and reclaiming costs, offering a solution for silent or stubborn freeholders.



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