How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8977
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

My flat is leased but there are only 44 years left. What if

Resolved Question:

My flat is leased but there are only 44 years left. What if I wanted to extend the lease ,would this be possible? Would I be able to get equity on my flat?But the main problem is that the freeholder ( or is it Landlord?) is not contactable!The head leasholder has tried for over a year to contact him!We do not know his current address . The Head leaseholder said he may have died!The Headleaseholder is now retiring.
What initiated this enquiry is that I need money to maintain the property ,i.e. the outside windows have urgent need of decorating, but i am a pensioner and have no savings .
I shall be so grateful for your advice. Thank you.
Margaret Godwin
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

Is this a house or a flat? What attempts have you made to contact the landlord?

The landlord is usually the freeholder provided there is no sublease. For the purposes of what we’re talking about, we can use either phrase.

Customer: replied 7 months ago.
As I said this is a flat , a maisonette, and I have tried to contact the landlord at the address the land registry gave me, recorded delivery , no reply. This was the the same address known by the Headleaseholder. All transactions had to be done through the Headleaseholder, who now thinks he may have died! so no means of contact still ! Margaret
Expert:  F E Smith replied 7 months ago.

Having an absent landlord, particularly if the absent landlord is a individual rather than the company, is not unusual.

Chapter II of the Leasehold Reform Housing and Urban Development Act 1993 is the statutory provision under which the right to extend the lease arises.

Section 50 of the Chapter http://www.legislation.gov.uk/ukpga/1993/28/section/50

gives the procedure when the landlord cannot be found.

You have to satisfy the court of the attempts that you’ve made to find the landlord and the court will grant you a new lease.

There is no legal reason why you cannot do it yourself but the process is not simple.

Can I clarify anything else for you?

Please rate the service positive. It is an important part of the process by which experts get paid. It does not cost you anything but helps us greatly.

Best wishes.

FES

F E Smith, Advocate
Category: Law
Satisfied Customers: 8977
Experience: I have been practising for 30 years.
F E Smith and 4 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions