Missing Landlord Claims

Our award winning Leasehold Enfranchisement team are experts in the leasehold reform sector


Many leaseholders find themselves in a position of wanting or needing a lease extension or wishing to exercise their right to Collective Enfranchisement, but they do not have any contact with the landlord.

The procedures for both these claims require a claim notice to be served upon the landlord. If the landlord is missing and/or no address is known then a claim notice cannot be served.

The Leasehold Reform Housing and Urban Development Act 1993 contains a no fault based procedure for dealing with such claims were the landlord is missing. This procedure requires the involvement of the county court and the First Tier Tribunal (Property Chamber).

Not so well known, is the procedure to acquire the freehold of a building pursuant to the provisions of the Landlord and Tenant Act 1987. This fault based procedure, allows leaseholders to apply collectively to the court in limited circumstances (usually where the landlord is in breach of covenant – for example where the landlord has failed to repair the building or has demanded unreasonable service charges BUT ALSO where a Statutory Manager has been in place for a period of at least 2 years) to acquire the freehold.

The benefit of using the Landlord and Tenant Act 1987, is that the premium payable for the freehold is a market premium as opposed to an enfranchisement premium (which is the premium payable pursuant to the 1993 Act referred to above). Marriage value is not payable in a 1987 Act premium which usually means the premium is significantly less than a 1993 Act premium.

There are strict qualification criteria in respect of all procedures.

Our award winning Leasehold Enfranchisement team have the specialist knowledge, expertise and experience to advise you in respect of claims involving missing landlords. They can assist you in determining whether you and your building qualify, guide you through the procedure and likely costs involved in more detail and of course act for you in connection with the claim itself.

Who to Contact


Sarah Osborne

Partner, Head of Leasehold Enfranchisement

Partner, Head of Leasehold Enfranchisement

Sarah Osborne

Sarah is a Partner at Hart Brown and the Head of Leasehold Enfranchisement. Enfranchisement is a niche area of property law that entitles flat owners to take over control and ownership of their building.

Sarah brings 13 years' experience to the firm and to her role, having practised as a Licenced Conveyancer between 2005 – 2013, and as a Solicitor from 2013 onwards.

Clients value Sarah's depth of experience and pro-active approach to each case.

Leasehold Enfranchisement | 12th November 2019

Lease Extensions – A Taxing Issue

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Leasehold Enfranchisement | 7th October 2019

Is Right to Manage the Right Way?

The Right to Manage (RTM) has been available for flat owners since it became law in 2002. It allows flat owners the right for the...

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Leasehold Enfranchisement | 6th September 2019

Is Commonhold for the common good?

Commonhold is receiving a lot of attention due to the recent Law Commission paper on resurrecting this process. This is part of a long (and...

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Leasehold Enfranchisement | 16th May 2018

WARNING FOR LANDLORDS… How does a revocable licence become an...

The recent judgment by the Court of Appeal in the case of The Corporation of Trinity House of Deptford Strond v 4-6 Trinity Church Square...

Suzannah Johnson

Leasehold Enfranchisement | 26th July 2017

Consultation Paper – Tackling Unfair Practices in the Leasehold Market

On Tuesday of this week, 25th July 2017, the Department for Communities and Local Government released its consultation paper “Tackling unfair practices in the leasehold...

Emily Fitzpatrick

Leasehold Enfranchisement | 6th July 2017

The Costs Jurisdiction of the First-Tier Tribunal Property Chamber

The costs jurisdiction of the FTT which is now contained in Rule 13 of the Tribunal (Procedure First-tier Tribunal) (Property Chamber) Rules 2013 has now...

Emily Fitzpatrick

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