No freeholder to repair and maintain the communal areas
When there is no freeholder available to repair and maintain the communal areas of a property, it can create challenges for the leaseholders or residents. Here are some possible steps to address this situation:
- Review the lease agreement: Examine the lease agreement to understand the obligations and responsibilities of the freeholder regarding the repair and maintenance of communal areas. This will help determine whether there are any provisions or clauses that address the situation when the freeholder is absent.
- Contact the managing agent: If there is a managing agent or property management company involved in the management of the property, reach out to them to report the issue and inquire about their role in the absence of the freeholder. They may have some authority or responsibility to take action in such situations.
- Form a residents' association or management company: Consider forming a residents' association or a management company comprising the leaseholders or residents. This collective entity can take on the responsibility of managing and maintaining the communal areas, including arranging repairs and collecting funds from the leaseholders to cover the costs.
- Seek legal advice: Consult with a solicitor or lawyer specializing in leasehold matters to understand the legal options available in your jurisdiction. They can provide guidance on the necessary steps to address the absence of a freeholder and ensure compliance with any legal requirements.
- Explore alternative solutions: In some cases, it may be necessary to seek alternative solutions, such as appointing a professional managing agent, applying for the appointment of a manager through the First-tier Tribunal (Property Chamber), or considering enfranchisement (purchasing the freehold collectively) if applicable in your jurisdiction.
It is important to note that the specific actions to be taken will depend on the laws and regulations governing leasehold properties in your jurisdiction. Seeking legal advice will help you understand your rights and obligations and guide you through the appropriate course of action.