3. Landlord absence
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Mr Tickle

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Landlord absence
« on: November 12, 2024, 04:04:49 pm »
I purchased a 3 bed residential property (Leasehold) over a commercial shop about 18 years ago. It has been rented out until two years ago. I am currently renovating the property and will be attempting to sell it next year.

In all of the time I have owned it I have never had any contact or correspondence with the land owner or paid anything towards a ground maintenance fee.

What problems may I encounter when selling without one, will I need to find who they are first or can an indemnity insurance be put in place to allow a sale to proceed?

Many thanks for any helpful advice  :)
« Last Edit: November 12, 2024, 04:06:51 pm by Mr Tickle »
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andy_foster

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Re: Landlord absence
« Reply #1 on: November 12, 2024, 04:11:24 pm »
Err, what does your lease say?
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Mr Tickle

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Re: Landlord absence
« Reply #2 on: November 12, 2024, 04:17:26 pm »
I can't remember ever having one. Vaguely, I think the land owner/leaseholder was declared missing or absent at time of purchase or something like that and when I wrote a letter to the last known address I never had a response.
Fast forward 18 years and here I am.
So, back to the question, where should I begin to piece this back together (I don't think I have any paperwork from the time of the sale I bought it at auction on my credit card)
Thanks

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andy_foster

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Re: Landlord absence
« Reply #3 on: November 12, 2024, 04:53:38 pm »
Land regsitry
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Fluffykins

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Re: Landlord absence
« Reply #4 on: November 14, 2024, 05:05:29 pm »
Minds mightier than mine might provide more telling insight but....

Given that you've had the  place for the past 18 years, maintained it, not been charged ground rent and the original (and presumably only) landlord has disappeared into the ether, I wonder if there's any way you could claim Adverse Possession of the freehold.
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mickR

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Re: Landlord absence
« Reply #5 on: November 14, 2024, 05:16:43 pm »
A property solicitor or licensed conveyancer would be your next step I think.
re Adverse Possession I seem to remember the law changed on that making it more difficult but I may be wrong
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Southpaw82

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Re: Landlord absence
« Reply #6 on: November 14, 2024, 05:20:01 pm »
Quote from: Fluffykins on November 14, 2024, 05:05:29 pm
I wonder if there's any way you could claim Adverse Possession of the freehold.

How is he in adverse possession?
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Fluffykins

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Re: Landlord absence
« Reply #7 on: November 16, 2024, 05:43:10 pm »
That's what I'm wondering SP. I know the concept exists but I don't know any of the intricacies at all. That said, given that the landlord seems to have lost all interest in the land, the OP doesn't know whether he's there on sufferance or what and has essentially acted as a freeholder would, in that he has occupied and maintained the place.
As I said: minds mightier than mine could be brought to bear.
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Southpaw82

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Re: Landlord absence
« Reply #8 on: November 16, 2024, 06:09:31 pm »
Adverse possession requires the possession to be without permission. If the possession is under a lease it isn’t without permission.
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mickR

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Re: Landlord absence
« Reply #9 on: November 16, 2024, 09:21:42 pm »
the OP "doesn’t remember  having a lease" (unlikely)
I think they should find out for sure.
proving they didn't have permission to occupy the land would be difficult.
« Last Edit: November 16, 2024, 09:26:39 pm by mickR »
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Southpaw82

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Re: Landlord absence
« Reply #10 on: November 16, 2024, 09:45:10 pm »
I suspect he has one (having purchased a leasehold property) but might not have read it.
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mickR

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Re: Landlord absence
« Reply #11 on: November 16, 2024, 10:05:42 pm »
very likely.
it is an unusual circumstance tho.
28yrs with no contact with LL.
subletting it??
now selling it? sounds like that's going to be hard work.
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roythebus

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Re: Landlord absence
« Reply #12 on: November 16, 2024, 10:22:54 pm »
Squatters rights?
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Southpaw82

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Re: Landlord absence
« Reply #13 on: November 16, 2024, 10:49:41 pm »
Quote from: mickR on November 16, 2024, 10:05:42 pm
very likely.
it is an unusual circumstance tho.
28yrs with no contact with LL.
subletting it??
now selling it? sounds like that's going to be hard work.

If it’s a long leasehold I’d be entirely unsurprised at no contact with the landlord.

Quote from: roythebus on November 16, 2024, 10:22:54 pm
Squatters rights?

He’s not a squatter, is he?
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desktop_demon

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Re: Landlord absence
« Reply #14 on: November 26, 2024, 03:54:14 pm »
I presume the freeholder also has some deal with the shop below? It might be worth asking the shop manager if they have any information. Otherwise write to the land registry for the last known contact details of the freeholder. The land registry should have some details of the leasehold. The lease may have expired... :0) Good luckl
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