Leasehold enfranchisement of houses—special classes of landlord
Leasehold enfranchisement of houses—special classes of landlord

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Leasehold enfranchisement of houses—special classes of landlord
  • Absentee landlord
  • Local authorities and public bodies
  • Mortgagee in possession
  • Custodian trustee
  • Landlord incapable by reason of mental disorder
  • New towns or overspill areas
  • Ecclesiastical property
  • Crown land
  • Property transferred for public benefit

Absentee landlord

If a tenant wishes to acquire the freehold but cannot trace the landlord, he can ask the court to deem that the tenant’s notice of claim has been duly served for the purpose of allowing the claim to proceed. Other than in the most exceptional circumstances, such an order will not be made unless the tenant has placed advertisements or taken other steps as the court thinks appropriate to trace the landlord.

The purchase price (plus any arrears of rent which are not statute barred) must be paid into court and the transfer will be executed by a designated person (usually a Master or District Judge).

Local authorities and public bodies

Where a tenant acquires the freehold or an extended lease of a house and premises from a local authority or certain other public bodies (which are listed in Leasehold Reform Act 1967 (LRA 1967), ss 28 and 29), the freehold owner can insist that the transfer or lease includes covenants restricting the carrying out of development or clearing of land in order to reserve the land for possible development by the authority or public body. If the tenant breaches the covenant, the local authority or public body can vest the property in itself upon payment of compensation equal to that which would be paid on