Guidance

Refer a commercial lease for disclaimer (BVC3)

How to refer a bona vacantia commercial lease to the Treasury Solicitor.

Overview

The Bona Vacantia division (BVD) at the Government Legal department deals with commercial leases of dissolved companies that now belong to the Crown.

BVD will usually disclaim a commercial lease that is referred to them.

BVD will not assign commercial leases.

Refer a commercial lease to the Treasury Solicitor

Before you refer a commercial lease you should:

  1. check that BVD is the correct office by reading BVC1 on jurisdiction
  2. write to BVD at

Bona Vacantia - Companies

Government Legal Department (BVD)
PO Box 2119
Croydon
CR90 9QU

Please use this email address for all enquiries relating to the non cash assets of dissolved companies (eg, land, shares, intellectual property, chattels, etc).

You must include:

  • the name, company number and last registered office of the dissolved tenant company. You can get this information from Companies House
  • if the lease is registered at the Land Registry (it should be registered if the lease was for a term of more than 7 years) please send us Official Copy Entries (OCE) and a title plan from the Land Registry for the leasehold property. You can get this information from the Land Registry
  • a copy of the lease
  • a copy of any assignments of the lease if any (this is essential where the dissolved company was not an original party to the lease as BVD will need to see evidence that the dissolved company was the tenant)
  • details of any solicitors who are acting for you

Please answer all of the above questions and send BVD copies of all the documents requested as they will not normally be able to progress your case without the above information.

Please send your application either by post/DX or email but not both. Please do not send multiple copies.

What happens next

BVD will first check that the lease is bona vacantia to make sure that they can deal with it. They may ask you for more information.

There is no guarantee that BVD will disclaim a commercial lease but usually they will.

If BVD decide to disclaim the lease they will issue a notice of disclaimer and send you a copy.

Published 6 December 2013