If your landlord is missing then there are two alternative procedures you can use to acquire the freehold to your building. The two options are:
Non Fault-Based Option – under the 1993 Act or 1967 Act
Apply under the Leasehold Reform Housing and Urban Development Act 1993 (if you have a flat) OR the Leasehold Reform Act 1967 (if you have a house). As this is a non-fault option, you have no evidential burden to fulfil and subject to you meeting the qualifying criteria, you are very likely to achieve a positive outcome.
Fault-Based – under the 1987 Act
Apply under the missing Landlord provisions under Part III of the Landlord and Tenant Act 1987. As this is a fault based option, you must provide evidence to the court to illustrate that you have been prejudiced by the absence of your landlord, for example, by failing to insuring the building and/or carrying out repair
Please review the Missing Landlord procedure flowchart for more details of the procedure.
Please note that generally the entire process can take between 6-12 months. Please contact Joanna Botley or Jade Wilson to arrange a fixed fee consultation.