Can I seek compensation if the freeholder is absent?
Seeking compensation when the freeholder is absent can be challenging, as it depends on the specific circumstances and applicable laws in your jurisdiction. However, there are certain situations where you may be able to pursue compensation:
- Breach of lease obligations: If the absent freeholder's failure to fulfil their obligations under the lease has caused you financial losses or inconvenience, you may have grounds to seek compensation. This could include situations where necessary repairs or maintenance have been neglected, resulting in damage to your property or additional expenses on your part.
- Non-performance of management duties: If the absent freeholder has failed to properly manage the property, leading to adverse effects on your rights as a leaseholder, you may be able to claim compensation for any losses or damages suffered as a result.
- Breach of statutory duties: Depending on your jurisdiction, there may be statutory obligations that the freeholder must fulfil. If their absence has resulted in a breach of these duties, you may have a basis for seeking compensation.
To pursue compensation, it is advisable to consult with a solicitor or lawyer specializing in property law. They can evaluate your specific situation, assess the applicable laws and regulations, and guide you through the legal process. They will help determine the viability of your claim and assist you in gathering the necessary evidence to support your case.