Lexsure e-ROT

Management Company · Report on Title scenario

The landlord company is insolvent or has been dissolved

Not comfortably, and not without protection. A landlord that has ceased to exist still has obligations under the leases — insuring the building, maintaining the structure — that nobody is now performing, and still has rights, including ground rent and consents, that nobody can exercise. The standard advice is not to proceed unless indemnity cover is in place, and the reasons extend well past your own purchase.

From the e-ROT archive

This scenario is drawn from Report on Title material dealing with this specific circumstance.

Lexsure master Report on Title paragraph: Absentee Company Landlord - Enquiries in hand re: indemnity insurance · See the wording

Which describes you?

I’ve already bought the property My landlord company does not exist and nobody is maintaining the building. Check what this could mean →WhenIBought.com
I’m a conveyancer I need Report on Title wording for this situation. View professional options →

What stops working

The obligations. Insurance of the building, maintenance of the structure and common parts, enforcement of covenants against other leaseholders — all of them sit with the landlord under the lease, and a dissolved company performs none of them.

The permissions also stop. Consents to alter, consents to let, certificates required to register a transfer: anything that needs the landlord's signature becomes unobtainable, and that can block a sale rather than merely inconvenience it.

Ground rent is a smaller problem than it sounds. The risk is not that nobody collects it; it is that somebody acquires the reversion later and asks for all of it at once.

Why the advice is not to proceed without cover

Because the exposure is open-ended and the alternative is cheap. An absentee landlord indemnity policy covers the consequences of the landlord's absence — the obligations that go unperformed and the position if the landlord or a successor reappears.

Ask who pays. Where the problem exists, it is the seller's problem that has become yours, and an allowance on completion is a reasonable thing to seek. The Lexsure wording below shows exactly that being asked for.

Also establish what the policy actually covers, because the scenarios differ: a dissolved company whose property has passed to the Crown is not the same as a landlord who simply cannot be found.

The longer problem

Lenders. Not all will lend where the landlord is absent or insolvent, and that applies to your buyer as much as to you. A policy helps and does not universally solve it.

Resaleability follows from that. A building with no functioning landlord is harder to sell, and the problem compounds if nobody is maintaining the structure.

Where the leaseholders are willing, the real answer is structural: acquiring the freehold or exercising the right to manage puts a functioning entity back in charge of the building. It is a bigger project than an indemnity policy and it is the only one that ends the problem.

Already bought, and the landlord company does not exist?

If nobody is insuring or maintaining your building, what was reported to you about the landlord during the purchase is where the question starts.

What lenders do about an absent landlord

Not all lenders will lend where the landlord is absent, insolvent or dissolved, and those that will do not all accept the same protection. Requirements differ on the form of indemnity cover, on the amount, and on whether other arrangements — a management company in place, the leaseholders holding the freehold — change the answer.

This is one of the cases where the lender's position determines whether the transaction is possible at all rather than merely what it costs.

The Lexsure Lender Archive holds the current and historic answers lender by lender.

Research lender requirements → Lexsure Lender Archive

From the e-ROT archive

Report on Title paragraph

Absentee Company Landlord - Enquiries in hand re: indemnity insurance

Master precedent Lexsure e-ROTScope Insolvent or dissolved landlordWord count 99Status Current master paragraph

We have undertaken a company search of the Landlord’s name and understand that the Landlord is insolvent or has been dissolved.

In these circumstances it is not advisable to proceed unless there is Indemnity Insurance in place. We enclose a draft policy to cover this situation. The premium is £{__}. We are enquiring whether your seller will pay for the premium by making an allowance in your favour on completion and we shall let you know the outcome. Not all lenders will lend where the Landlord is absent or insolvent and the resaleability of the property might be affected. …

Master precedent wording. This is current Lexsure Report on Title material, shown here in extract and reproduced exactly, including the merge field for the premium. It is professional precedent wording and is not advice about any particular property.

Dealing with this on a current conveyancing matter?

Current Report on Title paragraph

Do not rely on wording copied or saved from this page. Get the current wording dealing with this scenario.

View current paragraph →

ROT Notification Service

Keep relevant ROT wording under review as Lexsure issues updates.

View Notification Service →

e-ROT Generator

Use Lexsure’s full Report on Title system.

Explore e-ROT Generator →