Question 1

Missing Leaseholder

Accepted Answer

Missing Leaseholder Q: We are a management company for our estate. We are faced with a bit of a dilemma regarding a freeholder who has been absent from her property for several months. We understood she had gone into hospital for treatment as she left a note, but did not say which hospital. We understand that she owns another property, but we have no idea where that is either. She is a rather eccentric lady and she owes our company several years in service charges, her garden is very overgrown and foxes have been nesting there. She has left a lighting timer on, so the utilities, we assume, are still connected. We do not know if she is still alive. Some directors have expressed concerns about safety if the property is neglected. we have made enquiries to the police but they say they can't do anything. Are there any circumstances where we would be able to gain entry (we would have to break in ) and look at her mail to try establish contact, or get the emergency services to force entry ? FPRA Hon Consultant Matthew Lewis replies: 1. Based upon the information provided, it appears the person concerned (although described as a freeholder) is a leaseholder that also owns a share in the company that owns the freehold interest. If this assumption is not correct, it is likely the rest of the comments are not accurate. You should have this in mind. 2. The last known address of the leaseholder should be considered. The last address provided, as an address for service, should be considered. Obtaining the Land Registry leasehold register, to see whether there are any other addresses for the leaseholder, may be sensible. Concerning access: 3. Paragraph 22 of the 1st Schedule to the lease illustrates the circumstances on which access can be obtained to inspect. I believe this is self-explanatory but please do revert if you have any further queries in that respect. If the leaseholder fails to respond to a notice requiring access to inspect, you may be able to commence legal proceedings requesting a Court order the leaseholder provide access. It is highly likely you will need to instruct solicitors to assist you with this. The solicitors will want to know everything you know about the leaseholder and they will analyse the relevant service address for writing to the leaseholder and, failing that, starting proceedings. It may be appropriate to instruct a private enquiry agent and the solicitors are likely to review this with you. 4. Aside from paragraph 22, set out above, there is a general right for a landlord to permit access in a real emergency, such as a water leak into a neighbouring property (say, a flat beneath). If there is no real emergency, i.e. something requiring access now, notice must be given and the process set out above (under 3) followed. Concerning service charge arrears: 5. These can be chased and ultimately recovered by way of a legal process. Similar to enforcement concerning access above, it is highly likely here, you will need to instruct solicitors to deal with this for you. Again, the solicitors will want to know everything you know about the leaseholder and they will analyse the relevant service address for writing to the leaseholder and, failing that, starting proceedings. It may be appropriate to instruct a private enquiry agent but the solicitors are likely to review this with you. 6. Provided the service charge arrears are in excess of the triviality threshold, and certain other criteria are met, the solicitors may act for you on the basis that they will only charge what they can recover from the leaseholder concerned, or any mortgage lender associated with the flat, if that mortgage lender ends up stepping in to pay. 7. The lease requires the leaseholder to keep in repair the demised premises. Any breach of this is likely to be actionable by a legal process. 8. You should not open someone else’s post. That is a criminal offence. 9. The lease provided is a template. Before any legal process is commenced, the lease for this flat should be checked thoroughly. [Submitted January 2019]

Question 2

Missing Leaseholder

Accepted Answer

Missing Leaseholder Q: We are a management company for our estate. We are faced with a bit of a dilemma regarding a freeholder who has been absent from her property for several months. We understood she had gone into hospital for treatment as she left a note, but did not say which hospital. We understand that she owns another property, but we have no idea where that is either. She is a rather eccentric lady and she owes our company several years in service charges, her garden is very overgrown and foxes have been nesting there. She has left a lighting timer on, so the utilities, we assume, are still connected. We do not know if she is still alive. Some directors have expressed concerns about safety if the property is neglected. we have made enquiries to the police but they say they can't do anything. Are there any circumstances where we would be able to gain entry (we would have to break in ) and look at her mail to try establish contact, or get the emergency services to force entry ? FPRA Hon Consultant Matthew Lewis replies: 1. Based upon the information provided, it appears the person concerned (although described as a freeholder) is a leaseholder that also owns a share in the company that owns the freehold interest. If this assumption is not correct, it is likely the rest of the comments are not accurate. You should have this in mind. 2. The last known address of the leaseholder should be considered. The last address provided, as an address for service, should be considered. Obtaining the Land Registry leasehold register, to see whether there are any other addresses for the leaseholder, may be sensible. Concerning access: 3. Paragraph 22 of the 1st Schedule to the lease illustrates the circumstances on which access can be obtained to inspect. I believe this is self-explanatory but please do revert if you have any further queries in that respect. If the leaseholder fails to respond to a notice requiring access to inspect, you may be able to commence legal proceedings requesting a Court order the leaseholder provide access. It is highly likely you will need to instruct solicitors to assist you with this. The solicitors will want to know everything you know about the leaseholder and they will analyse the relevant service address for writing to the leaseholder and, failing that, starting proceedings. It may be appropriate to instruct a private enquiry agent and the solicitors are likely to review this with you. 4. Aside from paragraph 22, set out above, there is a general right for a landlord to permit access in a real emergency, such as a water leak into a neighbouring property (say, a flat beneath). If there is no real emergency, i.e. something requiring access now, notice must be given and the process set out above (under 3) followed. Concerning service charge arrears: 5. These can be chased and ultimately recovered by way of a legal process. Similar to enforcement concerning access above, it is highly likely here, you will need to instruct solicitors to deal with this for you. Again, the solicitors will want to know everything you know about the leaseholder and they will analyse the relevant service address for writing to the leaseholder and, failing that, starting proceedings. It may be appropriate to instruct a private enquiry agent but the solicitors are likely to review this with you. 6. Provided the service charge arrears are in excess of the triviality threshold, and certain other criteria are met, the solicitors may act for you on the basis that they will only charge what they can recover from the leaseholder concerned, or any mortgage lender associated with the flat, if that mortgage lender ends up stepping in to pay. 7. The lease requires the leaseholder to keep in repair the demised premises. Any breach of this is likely to be actionable by a legal process. 8. You should not open someone else’s post. That is a criminal offence. 9. The lease provided is a template. Before any legal process is commenced, the lease for this flat should be checked thoroughly. [Submitted January 2019]

Missing Leaseholder

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