Can I refuse to pay ground rent if the freeholder is absent?
The absence of a freeholder does not automatically entitle you to refuse to pay ground rent. Ground rent is typically a contractual obligation outlined in the lease agreement, and unless there are specific provisions or legal circumstances that relieve you of the obligation, it is generally expected that you fulfil your responsibilities as a leaseholder, including paying the ground rent.
However, if the freeholder is absent and not fulfilling their obligations, it can create difficulties in terms of managing the property and maintaining communication. In such cases, it is advisable to seek legal advice to understand your rights and options. There may be legal procedures, such as applying for a vesting order or seeking a court order, that can help address the absence of the freeholder and determine the appropriate course of action.
Refusing to pay ground rent without a valid legal basis or proper guidance can lead to potential legal consequences, such as breach of contract or lease forfeiture. It is crucial to seek professional legal advice to navigate the specific circumstances and determine the best approach to deal with an absent freeholder and any related issues.