What are the problems with absent freeholders?
The presence of an absent freeholder can lead to several problems and challenges for leaseholders and the management of the property. Some of the common problems associated with absent freeholders include:
- Lack of maintenance and repairs: An absent freeholder may neglect their responsibilities to maintain the property, resulting in delays or inadequate maintenance and repairs. This can lead to a deterioration of the property and affect the living conditions for leaseholders.
- Difficulty in obtaining permissions: Leaseholders may encounter difficulties in obtaining necessary permissions or consents from an absent freeholder. This can hinder leaseholders' ability to carry out alterations or necessary repairs to their individual properties.
- Limited decision-making: An absent freeholder may not actively participate in decision-making processes or engage with leaseholders regarding important matters related to the property. This can create delays, conflicts, and challenges in managing the property effectively.
- Lack of communication and support: Leaseholders may face difficulties in communicating with an absent freeholder, resulting in delays in addressing issues, resolving disputes, or obtaining necessary information. This lack of support and communication can impede the efficient management of the property.
- Disputes and conflicts: Absent freeholders may contribute to disputes and conflicts among leaseholders, particularly when it comes to shared responsibilities, service charges, or major decisions related to the property. The absence of a responsible and engaged freeholder can exacerbate disagreements and hinder their resolution.
- Inability to enforce rights: In the absence of an actively engaged freeholder, leaseholders may face challenges in enforcing their rights or holding the freeholder accountable for breaches of lease or other obligations.
Dealing with an absent freeholder can be complex and require legal assistance or engagement with property management professionals. Leaseholders may explore options such as the Right to Manage or collective enfranchisement to gain more control over the management of the property and address the problems associated with an absent freeholder.