Absent freeholder since purchase in 2011 suddenly appears?

All depends on what the lease contract says.

If you don't have one you may be in for a legal fight, but then he may just be threatening to see if you fold. The fact you pay no ground rent and service charge is a worry as well, did your solicitor not advise you of the implications of this? Or did you buy at Auction?

Its always possible to find who a freeholder is from the land registry extract, its £3 for title and £3 for plan....you can also get your own lease titles, and these should define the legal convernants and easements as long as the titles were filed, which they legally had to be from around 1989 onwards.

Some thoughts:

If the freeholder has been absent since 2011, do you know he is who he says he is? Check the land registry and if the freehold has changed hands in recent years and you have not been advised, there are a number of issues arising from that - you should have been given the opportunity to acquire the freehold and/or received a notice under S3 L&T At 1985.

From what you say, he has not complied with any landlord covenants in the lease either, such as repairs, so that could be a good basis for counterclaim.

You say that there is no service charge or ground rent payable. Is this because the lease is silent with no relevant provisions, or because nothing has been demanded or paid?

It may be that the freeholder has in effect “acquiesced in the breach“ i.e. by not taking action over your conservatory or subletting for many years, he has implicitly given permission for them to remain.

Such matters usually turn on the wording of the lease, so if he persists with his claims, taking legal advice may be recommended.

A few thoughts, not necessarily in a well-organised sequence:

First of all, I would point out to you that serice charges are for the soole purpose of running/repairing/insuring/managing/maintaining the estate/property, and any moneys thus collected are HELD IN TRUST FOR THE LESSEES.

Secondly, there is a tecnical difference between "no ground rent" and the legal fiction (to preserve the landlord/tenant relationship) of "one peppercorn per year if it be demanded".
CHECK YOUR LEASE for such details - you do have a copy, don't you?
If not, anybody can get a copy for £7 from the Land Registry.
Maybe the document specifies a monetary ground rent, which simply has not been paid/collected?

TrevL mentioned the £3 "extract of title", which should/would/must give the name and add4ress of the owner, and would get updated in line with any notifications received - so the freehold "extract of title" may well be more up-to-date than your lease, regarding the freeholder details.

One important question: Is "this gentleman" actually the freeholder, or just some chancer?
(I'm not joking - this has occasionally happened.)
And, if he is, do the details tally? Maybe he has recently inherited ithe land?
And is he able to prove that he's the freeholder?

With hindsight, it's a great pity that there was no attempt, during this absence, by you and your fellow lessees to purchase the freehold. The First-Tier Tribunal would have assessed a "fair" price, and the money would (I believe) have been put into an escrow account in case of reappearnce of the freeholder, who would thus be deemed to have sold the land and any rights in it.

You first bought one of these properties in 2011, and some were already being rented out.
It's a bit late now, but:
* Are you aware of any of them having received permission?
* Before this recent "reappearance", WHEN is the last time ANYBODY had been in contact with the freeholder? (that you are aware of, or can find out)

If a monetary ground rent is specified, I understand that the freeholder/landlord cannot now claim more that the most recent 6 years' worth of unpaid ground rent.

If there is a new landlord, or the contact address of the landlord changes, then the tenants (lessees in this case) MUST be informed.

Over the years, you and fellow lessees (and the Council!) would have made "all reasonable efforts" to contact him - especially you with your then-proposed conservatory - correct?

If your efforts to seek permission have been frustrated by him or his actions, I fail to see what right he might have to refuse after some 6 years (or more, depending on when you first wanted to seek permission).
Even if a building is erected without planning consent, there is a limitation of 4 years unless the delay is caused or contributed to by the person by or for whom the building was erected.

As for renting out, the freeholder and/or predecessor in title would be ESTOPPED by his/their conduct from now doing anything about the matter - such renting has been happening for more than 9 years without objection.
Do read up on ESTOPPAL (sometimes spelled ESTOPPAL).

Disclaimer: "IANAL"

Doesn't sound very professional that he is threatening you by text. I would first establish if he really is the Freeholder or not and have somebody professional examine your Lease and the Freehold title. Depending on the arrangement and the other Leaseholders, see if you can collectively enfranchise and buy the Freehold from him and own a share of the Freehold, taking him out of the picture? In the meantime, you need to establish who he is and why he now has crawled out of the woodwork!

solicitor should have suggested absent freeholder insurance.

also he may be trying to erect extra floors as pp no longer needed?

Book a call with the Leasehold Advisory Service. Its free and helpful, (or was last time I used them).

Wait until you get something in writing, without that you are whistling into the wind and maybe worrying for nothing.

But do check the lease and title, you should have this anyway. Let us know what they say!

There's good advice here. My first thought is that it sounds like it could be a scam. Until something is put in writing, the threat is merely that. Taking advice from professionals would be my route too. My thinking is based on a teaching I received many years ago. Create a defence before you need it. Being prepared is the best way. Even if it's not a scam, I'd imagine your actions to take professional advice on your legal position will put you ahead of the person making these claims. Being steps ahead has always served me well.

Until he provides legal proof of his identity as freeholder, then treat him as an imposter.
If he issues proceedings at Court, you have a myriad of counterclaims - as I don't believe there is no service charge and thus I believe the lease has duties for the freeholder to perform, which he hasn't.
I'm happy to read your lease to check details and advise further, if you wish.

Reply to the comment left by TrevL at 21/10/2020 - 16:40
Thanks TrevL. Situation has developed since posting. I did receive a legal letter from a solicitor about the situation and have replied through a solicitor. The freeholder's solicitor has responded to this so its looking like a legal battle here back and forward. It looks like the freeholder wants a settlement of some amount. When I purchased the top flat 2011, my solicitor advised there was no service charge and it was a peppercorn ground rent (so too small too collect). I took insurance at the time to cover communal repairs (like the roof) but nothing to protect me against an absent landlord (a mistake in hindsight). The lease agreement does say the freeholder is this chap and he should be contacted to give permission for the conservatory to be erected however it was erected in 2014 and I bought the flat with it on so I didn't know any different. It also looks like the freeholder moved in 2013 as he is no longer at the leasehold address on the leasehold register (worked this out myself from doing a bit of digging) so I don't know how anyone is meant to be able to contact him.