This is a question that often comes up in practice.  If the freeholder really is missing and sufficient steps have been taken to try to find him then there is a process under which a court can accept service of a claim to an extended lease on behalf of the missing person.  The claim will then be remitted to the First Tier Tribunal for determination of the premium to be paid and the amount required will be paid into court.

The court will grant the lease on behalf of the missing person.

 It is important to realise that appropriate steps must be taken to demonstrate the freeholder is genuinely ‘missing’.  Similarly, valuation advice will need to be obtained as a report will need to be submitted to the tribunal indicating the likely price to be paid for the extension.  The tribunal has the role of acting in the place of the ‘missing’ person and will examine the valuer on the contents of his report if need be and can adjust the price to be paid.

• More information about missing freeholders.