Tenant Granted Right to Freehold Despite Missing Freeholder

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : MAN/00CY/0AF/2024/0013

Property : 2 and 4 [NAME], Elland [POSTCODE]

Applicant: [redacted]

Respondent: [redacted] : Section 21(1) Leasehold Reform Act 1967

Tribunal Members : Judge A M Davies

J Gallagher MRICS

Date of Decision : 9 June 2025

DECISION

Determination of monies to be paid into court on enfranchisement under Part 1 of the Leasehold Reform Act 1967 ("the Act")

1. On 19 April 2013 HM Land Registry registered the Applicant as the proprietor of a long leasehold interest in 2 and 4 [NAME], Elland under title number WYK397322 (“the Property”).

2. The Applicant wishes to acquire the freehold interest in the Property under the provisions of the Act but has been unable to trace the freeholder to serve the requisite notice.

3. Through his solicitors [COMPANY] he accordingly applied under s.27 of the Act to the County Court for an order for the freehold interest to be vested in her.

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4. On 4 March 2024 District Judge Bond sitting in the Leeds County Court ordered that

(a) the amount to be paid into court pursuant to 27(5) of the Act; and

(b) the provisions to be contained in a conveyance of the freehold

be determined by this Tribunal,

5. On making their application to the court [COMPANY] supplied a valuation report dated 18 November 2022 prepared by Mr [NAME].

6. Mr [NAME] valued the freehold of the Property at £295. The Tribunal has undertaken its own calculation of the freehold value and agrees Mr [NAME] valuation and the method by which it was calculated.

7. 2 [NAME] is held under a lease dated 29 September 1910 for a term of 999 years (less 10 days) from 24 June 1892 at an annual rent of £4. 10s. 0d. 4 [NAME] is held under a lease dated 20 February 1893 for a term of 999 years from 24 June 1893 at an annual rent of £16. 3s. 4d. The combined annual rent for both parts of the Property in decimal currency is £20.66. The Applicant provided a witness statement in which he stated that he has paid no rent since his purchase of the Property in 2013.

8. The rent recoverable by the [RESPONDENT] is limited by virtue of section 19 of the Limitation Act 1980. The amount of rent which has fallen due in the past 6 years and remains unpaid is £123.96.

9. The amount to be paid into court on enfranchisement of the Property pursuant to section 27(5)(a) and (b) of the Act is

Section 21(1)(a) of the Act:

value of freehold £295.00 Section 21(1)(cza) of the Act:

arrears of rent £123.96

Total to be paid into court

£418.96

10. The provisions to be contained in a conveyance of the freehold interest are as shown in the form of Transfer annexed to this determination.

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Any parts of the form that are not typed should be completed in black ink and in block capitals.

If you need more room than is provided for in a panel, and your software allows, you can expand any panel in the form. Alternatively use continuation sheet CS and attach it to this form. Leave blank if not yet registered. 1 Title number(s) of the property:

Insert address including postcode (if any) or other description of the property, for example ‘land adjoining [ADDRESS]’. 2 Property: The freehold property known as 2 and 4 [NAME], Elland [POSTCODE]

Remember to date this deed with the day of completion, but not before it has been signed and witnessed. 3 Date: 2025 Give full name(s) of all the persons transferring the property. Complete as appropriate where the transferor is a company. 4 Transferor: The unknown person or persons entitled to possession of the Property on expiry or determination of the leases comprised in title number WYK397322

For UK incorporated companies/LLPs Registered number of company or limited liability partnership including any prefix:

For overseas companies (a) Territory of incorporation:

(b) Registered number in the United Kingdom including any prefix:

Give full name(s) of all the persons to be shown as registered proprietors. Complete as appropriate where the transferee is a company. Also, for an overseas company, unless an arrangement with Land Registry exists, lodge either a certificate in Form 7 in Schedule 3 to the Land Registration Rules 2003 or a certified copy of the constitution in English or Welsh, or other evidence permitted by rule 183 of the Land Registration Rules 2003. 5 Transferee for entry in the [NAME]: [APPELLANT]

For overseas companies (a) Territory of incorporation:

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Each transferee may give up to three addresses for service, one of which must be a postal address whether or not in the UK (including the postcode, if any). The others can be any combination of a postal address, a UK DX box number or an electronic address. 6 Transferee’s intended address(es) for service for entry in the [NAME]: 2 and 4, [NAME], Elland, [POSTCODE]

7 The transferor transfers the property to the transferee

Place 'X' in the appropriate box. State the currency unit if other than sterling. If none of the boxes apply, insert an appropriate memorandum in panel 11. 8 Consideration

The transferor has received from the transferee for the property the following sum (in words and figures): £295 (two hundred and ninety five pounds)

The transfer is not for money or anything that has a monetary value

Insert other receipt as appropriate:

Place 'X' in any box that applies. Add any modifications. 9 The transferor transfers with

full title guarantee

limited title guarantee Where the transferee is more than one person, place 'X' in the appropriate box. 1 0 Declaration of trust. The transferee is more than one person and they are to hold the property on trust for themselves as joint tenants

they are to hold the property on trust for themselves as tenants in common in equal shares

Complete as necessary. The registrar will enter a Form A restriction in the [NAME] unless: − an ‘X’ is placed: − in the first box, or − in the third box and the details of the trust or of the trust instrument show that the transferees are to hold the property on trust for themselves alone as joint tenants, or − it is clear from completion of a form JO lodged with this application that the transferees are to hold the property on trust for themselves alone as joint tenants. Please refer to Joint property ownership and practice guide 24: private trusts of land for further guidance. These are both available on the [NAME] website. they are to hold the property on trust:

Insert here any required or permitted statement, certificate or application and any agreed covenants, declarations and so on. 1 1 Additional provisions The Transferee being the registered proprietor of title number WYK397322, this transfer takes effect under the provisions of Part 1 of the Leasehold Reform Act 1967

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The transferor must execute this transfer as a deed using the space opposite. If there is more than one transferor, all must execute. Forms of execution are given in Schedule 9 to the Land Registration Rules 2003. If the transfer contains transferee’s covenants or declarations or contains an application by the transferee (such as for a restriction), it must also be executed by the transferee. If there is more than one transferee and panel 10 has been completed, each transferee must also execute this transfer to comply with the requirements in section 53(1)(b) of the Law of Property Act 1925 relating to the declaration of a trust of land. Please refer to Joint property ownership and practice guide 24: private trusts of land for further guidance. Remember to date this deed in panel 3. 1 2 Execution

Signed as a deed: ………………………………….. by

…………………………………. [Court official name and title]

on behalf of the court

…………………………………. [Court title]

In the presence of:

Signature of Witness …………………………………

Witness Name (in block capitals)

………………………………….. Witness Address

………………………………….

…………………………………. Occupation

………………………………….

WARNING If you dishonestly enter information or make a statement that you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud under section 1 of the Fraud Act 2006, the maximum penalty for which is 10 years’ imprisonment or an unlimited fine, or both. Failure to complete this form with proper care may result in a loss of protection under the Land Registration Act 2002 if, as a result, a mistake is made in the [NAME]. Under section 66 of the Land Registration Act 2002 most documents (including this form) kept by the registrar relating to an application to the registrar or referred to in the [NAME] are open to public inspection and copying. If you believe a document contains prejudicial information, you may apply for that part of the document to be made exempt using Form EX1, under rule 136 of the Land Registration Rules 2003. (ref: LR/HO) 05/16