Q&As

Where should I start a claim for a vesting order to transfer the freehold to a leaseholder where the landlord cannot be found and what is the requisite court fee?

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 20/12/2016

The following Property Q&A produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • Where should I start a claim for a vesting order to transfer the freehold to a leaseholder where the landlord cannot be found and what is the requisite court fee?
  • Forum/Procedure

Where should I start a claim for a vesting order to transfer the freehold to a leaseholder where the landlord cannot be found and what is the requisite court fee?

This Q&A is answered on the basis that the claim in question relates to an absent landlord in the context of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993).

There are various ways a tenant can acquire the freehold interest in a property when a landlord is missing. For example, where a tenant is seeking to acquire the freehold of a house, the tenant can rely on section 27 of the Leasehold Reform Act 1967 (LRA 1967) (as amended). Similarly, mechanisms exist for the tenant to acquire the freehold interest of a property where the landlord is absent under section 33 of the Landlord and Tenant Act 1987 (LTA 1987).

The most recent statutory provisions (and possibly the most commonly used) are

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