Absent Landlord Do I Really Need To Find Them To Get Permission

[dnairn8417 10]

Hi I live in a mid terrace leasehold in Sheffield, there was over 600 years left on the lease when we bought over 12 years ago and we have a missing landlord indemnity, rent is £2.50  but we’ve never paid.

Recently we’ve been looking at converting the cellar into useable space like utility and game room, the subject was brought up that we might need permission from the freeholder. I started looking into how I could buy the freehold but it seems to be a lengthy process and obviously there would be cost involved. What I’m wanting to ask is, if the landlord has been absent since the 70s, and work has already been done by previous owner like the attic conversion, am I safe to go ahead with the work (no digging down required) 

The more I look into this leasehold business the more annoyed I am with myself for how naive I was, thinking that a 600 year lease is “as good as a freehold” and “it’s very common in Sheffield”, But to find that potentially I can’t put a deck up without permission just seems ridiculous. 

 

 

[ttparsons 10]

Reality check.  Is the landlord going to make an unexpected visit to see if you have done any unauthorised work?  Probably not.  Is it work the landlord would be likely to object to? Doubtful.  Is it going to upset your neighbours such that they would track down the landlord to complain?  Tell next door what you are planning and if necessary reassure them you are not going to undermine their foundations.

 

The real issue occurs when you sell the house and the buyer’s diligent solicitor picks up that you have done this work without permission. It is a common occurrence that the owner has done some work without the permission of the original developer/ leaseholder/mortgage provider as relevant.   The buyer’s solicitor will probably insist you pay for indemnity insurance to cover the buyer in the unlikely event that there are costs or consequences arising from the missing permissions.  Might cost you £100 or so.  

[geared 300]

I don't think the freeholder is allowed to make an unexpected visit and 'check' on the property, nor are they allowed to refuse permission just like that.

 

If you're going to the trouble of converting the basement into habitable space then the cost of buying the freehold reversion will be a minor expense.

Edited May 24, 2020 by geared

[Jeffrey Shaw 88]

On 23/05/2020 at 16:31, dnairn8417 said:

Hi I live in a mid terrace leasehold in Sheffield, there was over 600 years left on the lease when we bought over 12 years ago and we have a missing landlord indemnity, rent is £2.50  but we’ve never paid.

Recently we’ve been looking at converting the cellar into useable space like utility and game room, the subject was brought up that we might need permission from the freeholder. I started looking into how I could buy the freehold but it seems to be a lengthy process and obviously there would be cost involved. What I’m wanting to ask is, if the landlord has been absent since the 70s, and work has already been done by previous owner like the attic conversion, am I safe to go ahead with the work (no digging down required) 

The more I look into this leasehold business the more annoyed I am with myself for how naive I was, thinking that a 600 year lease is “as good as a freehold” and “it’s very common in Sheffield”, But to find that potentially I can’t put a deck up without permission just seems ridiculous. 

 

 

1. Fist things first: does the lease contain a restrictive covenant that limits  your freedom to alter?

2. Also consider s.19(2) of the Landlord and Tenant Act 1927 (yes, really) : http://www.legislation.gov.uk/ukpga/Geo5/17-18/36/section/19

3. Is L's freehold reversion registered at HM Land Registry?

4. Note: do not rush to contact L, in case you jeopardise the Indemnity Insurance.

 

Best to take legal advice before doing anything.

[dnairn8417 10]

On 23/05/2020 at 22:03, ttparsons said:

Reality check.  Is the landlord going to make an unexpected visit to see if you have done any unauthorised work?  Probably not.  Is it work the landlord would be likely to object to? Doubtful.  Is it going to upset your neighbours such that they would track down the landlord to complain?  Tell next door what you are planning and if necessary reassure them you are not going to undermine their foundations.

 

The real issue occurs when you sell the house and the buyer’s diligent solicitor picks up that you have done this work without permission. It is a common occurrence that the owner has done some work without the permission of the original developer/ leaseholder/mortgage provider as relevant.   The buyer’s solicitor will probably insist you pay for indemnity insurance to cover the buyer in the unlikely event that there are costs or consequences arising from the missing permissions.  Might cost you £100 or so.  

My Ex-neighbour 2 doors down was a builder, he converted the basement into a gym and an office, the house had been sold twice now as a leasehold with no issues so Probably like you say we will pay an insurance which we would be happy to do. 

On 24/05/2020 at 11:22, geared said:

I don't think the freeholder is allowed to make an unexpected visit and 'check' on the property, nor are they allowed to refuse permission just like that.

 

If you're going to the trouble of converting the basement into habitable space then the cost of buying the freehold reversion will be a minor expense.

Agree just wished it was a more straight forward process

On 24/05/2020 at 20:12, Jeffrey Shaw said:

1. Fist things first: does the lease contain a restrictive covenant that limits  your freedom to alter?

2. Also consider s.19(2) of the Landlord and Tenant Act 1927 (yes, really) : http://www.legislation.gov.uk/ukpga/Geo5/17-18/36/section/19

3. Is L's freehold reversion registered at HM Land Registry?

4. Note: do not rush to contact L, in case you jeopardise the Indemnity Insurance.

 

Best to take legal advice before doing anything.

Thanks for this , can I PM you for more advice?

[topflat29 10]

It probably costs the freeholder more than £2.50 to collect the annual ground rent from the leaseholder.

 

Make an offer to  the freeholder  to buy the freehold title for say £100 plus paying   the conveyancing costs. .

[Clevedon 0]

Does anyone know approx how much it costs to acquire a freehold from an absent landlord? I was quoted by a Sheffield solicitor and it seemed a lengthy & costly process. Can I do any of the process myself or do I need a solicitor?  I understand that I need to show that I’ve made an attempt to find the landlord through searches, but it’s proving difficult without a name, company name or address. I believe the landlord has been missing for quite sometime. The house was built in 1908 (S8). TIA

[topflat29 10]

1. To find name of freeholder .  

 

If you check land registry online website and buy a copy of the freehold title  to download  for your postcode address,

Costs £3  by credit card.  Avoid the fake land registry websites.

 

2. Free Guide to buying the freehold title for house.

 

You can download a free guide to "buying the freehold title of a leasehold  house "  from  LEASE  ( www.lease-advice.org  )

 

3.  To search for missing freeholder -

 

place advert for missing person in your local paper for 3 consecutive weeks.  

Keep a   copy of  each   newspapers  as evidence  to show  to  the County Court and  FTT  etc    .

 

[Jeffrey Shaw 88]

21 hours ago, Clevedon said:

Does anyone know approx how much it costs to acquire a freehold from an absent landlord? I was quoted by a Sheffield solicitor and it seemed a lengthy & costly process. Can I do any of the process myself or do I need a solicitor?  I understand that I need to show that I’ve made an attempt to find the landlord through searches, but it’s proving difficult without a name, company name or address. I believe the landlord has been missing for quite sometime. The house was built in 1908 (S8). TIA

Yes- it's lengthy and costly. Much rests on the unexpired lease term's length and the annual ground rent payable.

You say 'absent'. Do you mean 'known but missing' or 'still unregistered at HMLR'?

Sure, do-it-yourself if you wish. When you get stuck or fall foul of the complex rules, you' might still have to pay for the job to be done sufficiently for you to be able to confer full title when you next come to sell or mortgage.