Tenant Granted Statutory Lease Extension Despite Missing Landlord

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case reference : LON/00BH/OLR/2025/0711

Property : 4a [ADDRESS] [POSTCODE]

Applicant: [redacted] : [NAME]

Respondents : [redacted] [NAME] and [COUNSEL] [NAME] (2) Persons Unknown

Representative : Not applicable (missing landlord) Application under sections 50 and 51 of the Leasehold Reform Housing and Urban Development Act 1993 Tribunal member : [NAME] Valuer Date of Decision : 2nd of June 2025

DECISION

© CROWN COPYRIGHT 2025 Type of application :

Decisions of the Tribunal

1) The tribunal determines that the price to be paid by the applicant for the new lease on statutory terms is £67,500.80.

2) The tribunal accepts the terms of the draft new lease.

The Background

1. This is an application under sections 50 and 51 of the Leasehold Reform Housing and Urban Development Act 1993 (“the 1993 Act”) pursuant to an order made by Deputy District Judge Hillam, sitting at the County Court at Edmonton on 24 May 2024

2. Sections 50 and 51 of the 1993 Act concern claims for a statutory lease extension where the relevant landlord cannot be found. It enables the court to make a vesting order in respect of any interests of the landlord which are liable to acquisition.

3. Under section 51 of the 1993 Act, the role of the tribunal is to determine the appropriate sum to be paid into court in respect of the landlord’s interests.

4. The applicant in this matter is [NAME] [APPELLANT]. She is the qualifying tenant of 4a [ADDRESS], [POSTCODE] (“the Property”). The respondent freehold owner is believed to be The Personal Representatives of [NAME] and [APPELLANT] [NAME].

5. On 21 September 2023, the applicant issued a Part 8 Claim at the County Court at Edmonton for an order pursuant to section 50(1) of the 1993 Act seeking a new lease in the Property. The applicant has been unable to ascertain the whereabouts of the respondent.

6. The applicant applied for a vesting order under section 49(3) of the 1993 Act. The vesting order was granted subject to the determination of the valuation and terms of the acquisition of a new lease by this tribunal. The order dispensed with the statutory requirement to serve a section 42 notice on the Defendant.

7. The applicant has provided the tribunal with a valuation report prepared by Mr [NAME] [NAME] dated 25 April 2025.

8. Mr [NAME] is of the view that the premium to be paid for the statutory lease extension is £72,670 as at the valuation date of 21 September 2023.

The Determination

9. After careful scrutiny the tribunal accepts the opinions expressed by Mr [NAME] in his valuation report dated 25 April 2025.

10. The tribunal is advised at (7) of the order that the summarily assessed costs of this claim are £5,169.20. This sum to be deducted from the premium payable to the court.

11. Accordingly, the tribunal determines that the premium to be paid in respect of the new lease is £72,670 less the summarily assessed costs of £5,169.20. This amounts to a sum of £67,500.80.

12. The Tribunal also approves the draft proposed lease included in the bundle at subject to the inclusion at LR7 of £67,500.80 and that these monies are paid into court.

13. This matter should now be returned to the County Court sitting at Edmonton under Claim Number K02ED371 in order for the final procedures to take place.

Name: [NAME]: 2 June 2025