Seeking possession - Leasehold Property

[stebiz]

Been a while since I've been on here. Hope you are all still as friendly.

 

I bought a number of ground rents about 20 years ago. Most are 999 years and some pay some don't. The rents are only nominal of a few pounds a year.

 

The problem is on one in particular. It is vacant and getting vandalised and has been for years. I have no idea who owns it and it hasn't been sold in the last 20 years to my knowledge.

 

The council are getting onto me as I have my name on the Land Registry as there are drug users/ dumping etc and they are clearing it up and slapping charging orders on the house.

 

What I'd like to do is own the house. Wouldn't we all. What are my chances if I slap valid notice under section 146 of the Law of Property Act 1925 - the Notice of Seeking Possession?

 

Alternatively gaining possession myself. Getting it modernised (most is superficial) and letting it out.

 

Your thoughts would be appreciated.

 

Cheers

Steve

[Conniff]

20 years is a long time. If you want to take possession, also have an insertion in your local paper, this is an accepted legal form of notice if there is no other address to send it to. An inch in the small ads is perfectly adequate.

If you know the owners name then you will be expected to have made reasonable attempts at contacting them.

[raydetinu]

have you tried the land registry search, normally would have the owner registered!

What have the council said about it, they are usually pretty good and tracking owmership and have he resources, perhaps working together you may get somewhere.

At least you would have tried all avenues.

[stebiz]

Any more guidance would be really appreciated. I have been around to the property today and it is not secure. I have looked at the lease from 110 years ago and it says the responsibility of insurance lies with the tenant. It also says that if payment is not made within 21 days then repossession can take place. It also says that I am allowed to re-enter. I am aware that new statutes will override these old covenants/conditions but I'm really at a loss now.

 

I can put a note in the paper and on the front door. Please help.

[raydetinu]

sounds like a plan.

then take it over and let it out and see what happens.

have you sought any legal advise? I think you may have to draw up some sort of declaration and lodge that with the land registry.

Also I think that if you are not challenged in the next twenty years then you will have a legal right to it.

You never know,some long lost distant relative may turn up!

but that would go for anybody,so get in quick!

[mariner51]

If you bought the ground rents, are you not the freeholder? Check (LR ) Deeds for name of freeholder for £4?

It may be you if sale was registered, if not poss person who sold them to you or a.n.other

I bought my property o open market, Leashold, G Rent 999 yr. G rent subs sold on and new GR owner is listed at LR as freeholder.

[andydd]

To gain forfeiture via the S146 process firstly the lease may have such a clause and secondly you would need admittance or proof of a breach of covenat by the owner (via Court or LVT), BUT in this case who is the owner !?

 

Andy