Freeholder Not Responding? Your Options as a Leaseholder

If you’re a leaseholder trying to deal with an absent or uncooperative freeholder, you’re not alone. Whether you’re looking to extend your lease, buy the freehold with your neighbours, or exercise the Right to Manage, these processes all require cooperation from the freeholder to sign documentation and appoint solicitors. Things can quickly grind to a halt when they’re missing or simply refusing to engage with you.

In leasehold in particular, there can be a pattern whereby previous disagreements over something like service charges create an environment whereby anything becomes impossible to progress.

At Peppercorn Law, we frequently speak to leaseholders who are frustrated and unsure how to proceed. The good news is that there are legal solutions, and whilst each case is different, the basic options are set out here.

Why a Freeholder Might Not Respond

Before diving into your options, it helps to understand why your freeholder might be unresponsive:

- They are genuinely absent, for example, no longer at their last known address and with no current contact details

- They are offshore or difficult to contact- They are alive and well but deliberately refusing to cooperate, a common issue in lease extensions or collective enfranchisement

- They have a personal interest in delaying the process, such as hoping to demand a higher premium later

Whether the freeholder is absent or just difficult, the law provides ways for leaseholders to remedy the position. However the options have the common thread of usually requiring the input of the Property Tribunal or County Court, to enforce these rights.

Option 1: Apply for a Lease Extension Despite No Response

If you’re trying to extend your lease and the freeholder is not responding, you may still be able to move forward under the Leasehold Reform, Housing and Urban Development Act 1993.

Where the freeholder is genuinely absent, you can make an application to the court and complete the process this way. This allows the lease extension to be granted by the court in place of the freeholder, with the premium paid into court, to be held pending being claimed by the freeholder. You’ll need to demonstrate that reasonable efforts have been made to locate them, such as sending notices and carrying out searches - something we can assist with.

We’ve helped many leaseholders through the section 42 notice process. It’s more complex than a typical lease extension (which we have a guide on here), but it’s entirely doable with the right legal support.

Find out more about our Lease Extension Services

Option 2: Proceed with Collective Enfranchisement

Collective enfranchisement allows leaseholders in a block of flats to join together to buy the freehold. It’s a powerful right, but it requires service of formal notices on the freeholder.

So what happens if they don’t respond? The 1993 Act again provides a route forward. After a set period of non-response, the leaseholders can apply to the county court for a vesting order just as they can in a lease extension. The process takes some time and involves the First-tier Tribunal (Property Chamber) in order to set the price payable for the premium.

At Peppercorn Law, we act regularly for leaseholder groups dealing with these challenges. We are also able to use our specialised knowledge to save on costs, by brining the claim in a particular way, a proven method we have employed a number of times with success.

Thinking about buying the freehold with your neighbours? We’ll guide you through every step with our collective enfranchisement service for leaseholders

Option 3: Right to Manage with a missing landlord

If your aim is to take over management of your block without buying the freehold, the Right to Manage (RTM) is another route, and it doesn’t require the freeholder’s consent.

Even if the freeholder cannot be identified, an RTM can still go ahead.

The law provides a mechanism that allows the RTM company to exercise its statutory RTM. This procedure can only be used if the person in question genuinely cannot be located and the matter is then dealt with by application to the FTT.

RTM can be a highly effective remedy for buildings where repairs, service charges or day-to-day management have become a problem due to neglect or delay but which for one reason or another it isn't an option to buy the freehold due to limited funds being available.

We are RTM specialist solicitors, and can take you through the little known procedure of securing the Right to Manage where there is a missing freeholder.

What if the Freeholder Responds… But Makes Life Difficult?

Sometimes the freeholder isn't absent, they just make every stage difficult. Examples include:

- Demanding excessive legal or valuation fees

- Ignoring statutory timeframes

- Raising unreasonable objections to notices or procedures

In these cases the missing landlord procedures above will not apply, and you'll need your leasehold solicitor employ a different legal approach.

These tactics are often aimed at trying to destroy the process, so the leaseholder gives up. Don’t be put off. The law sets out clear timelines and procedures, and if they’re not followed, you can apply to the First-tier Tribunal or court to enforce your rights.

We often advise leaseholders in these situations and have dealt with all manner of difficult freeholders and their legal teams. We also deal with cases where the freeholder is a residents’ management company or a housing association, which can present its own challenges.

Key Takeaways for Leaseholders

- You do not need the freeholder’s active cooperation to extend your lease, buy the freehold or take over management

- There are legal procedures in place for dealing with absent, uncooperative or deceased landlords, though the procedure is more complicated and there are additional costs of this non-standard situation

- Timing, evidence and proper notice procedures are crucial. Get legal advice early

- Many leaseholders successfully pursue lease extensions or RTM without ever speaking to their freeholder

When to Get Legal Advice

If you’re unsure what to do next, we recommend speaking to a leasehold solicitor early. The process can be technical, and mistakes in notices or timing can cause delays or unnecessary costs.

At Peppercorn Law, we specialise in leasehold law and offer fixed fee services wherever possible. Whether you’re dealing with an absent freeholder, a complex ownership structure, or simply a landlord who’s dragging their feet, we’re here to help.

Need Help With an Absent or Uncooperative Freeholder? Let’s talk through your situation and map out a plan.