Freeholder Gone Bust and I can’t Extend my Lease

has your solicitor done a Land registry search on the Freehold title ? whilst not conclusive, this would show if there had been a legal Transfer of the Freehold and might provide an address

This first step should be taken. If there is no transfer to the government then there has been a distribution to someone, who should appear on the LR.

If they do not then please contact me for advice on company restoration.

Yours

Reply to the comment left by “Brian Phillips” at “28/07/2014 – 11:47“:

Thanks for your reply Brian.

In the letter received from The Tresury’s Solicitors Dept they state that the Freeholder has failed to transfer the property interest to the Land Registry and suggest we carry on looking.

Check out S26 of the Leasehold Reform, Housing and Urban Development Act 1993 which contains provisions for collective enfranchisement (i.e. acquiring the freehold) when the person who owns the freehold cannot be found or his identity cannot be ascertained.
This does mean going through the statutory process but if the correct procedures are followed the court can make a make a vesting order which would enable you to acquire the freehold title..

Reply to the comment left by “Mark Smith (Barrister-At-Law)” at “28/07/2014 – 11:52“:

Thanks for your reply Mark.

All we have is a letter from the Treasurys Dept saying no interest was passed to the Crown and although they failed to register the interest with Land Registry this will not invalidate the transfer.

The receivers have been contacted but dont keep files going back to 1990 when they were appointed fixed charge receivers. They only state that Meridan (The Freeholder) was a mutual Society but they cant be of any help to us as they dont know who the persons entilled are

Ok-

Failing to register means that the LL cannot claim rent etc, and will only hold the freehold equitably.

If you cannot find the LL after the LR search then please contact me further to look at the various options.

Further to previous comment, I should have said that S50 of the Leasehold Reform, Housing and Urban Development Act 1993 covers the situation where you want a lease extension rather than acquiring the freehold.
But that still leaves you with the problem of a missing freeholder, which undermines the whole reason for having leases, so it would be better to think of acquiring the freehold.

Reply to the comment left by “Tony Lilleystone” at “28/07/2014 – 12:30“:

Hi Tony,

We are trying to buy the Freehold! We just dont know who owns it

These might be of relevance http://www.landregistry.gov.uk/public/guides/public-guide-16 and http://www.landregistry.gov.uk/professional/guides/practice-guide-4.

If the freeholder can’t be traced, I see no other option than for you and the other leaseholders to claim possessory title to the freehold, which I would expect your solicitor to be looking into.

Reply to the comment left by “Charlie Harper” at “28/07/2014 – 12:42“:

The purpose of S26 and S50 is to give leaseholders the right to either acquire the freehold or get lease extensions even when they don’t know who owns the freehold. (I know it is often very difficult in those situations where it was owned by a company which is now defunct.)
Basically these sections give the court the power to either vest the freehold or grant extended leases (whichever you prefer) once the relevant procedures have been followed. In other words the court takes over the powers of the real freeholder to transfer the freehold or grant the leases.

You have to show that attemopts have been made to trace the freeholder (which your solicitor seems to have been done.) You would have to pay a price agreed by what is now the First-tier Tribunal (Property Chamber). formerly the Leasehold Valuation Tribunal – the money is paid into court.

I suggest that you have a look at the guide on the Leasehold Advisory Service website
http://www.lease-advice.org/publications/documents/document.asp?item=11