Change of landlord- Notice fees/ground rent queries

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    Change of landlord- Notice fees/ground rent queries

    Hi,

    I hope someone can help with these queries.

    I rent out a flat and I sent the Superior Landlord a letter advising this and giving my address for all future communication, such as ground rent demands.

    I recently realised that I hadn't received ground rent demands so I wrote to the landlord to request these and proffered a cheque for the two most recent payments (Sept 07 and March 08), sending a copy of my letter re change of address send last year.

    The cheque has now been returned to me saying it is incorrectly made out - it isn't but it seems the landlord has changed. Doesn't the landlord have to give me some sort of formal notice of this change? Otherwise how do I know I am paying my cheque to the right person? What form should this notice take? Does the landlord have to evidence that they are now registered at Land Registry as the new landlord?

    This new landlord has now also sent me the demands but has added a sum of £40 for late payment of the September 07 ground rent (which is only £25!) even though I sent change of address details, which he claims not to have received. I've read the lease and it says interest on late payments may be charged but doesn't mention a fee of £40. Personally I think it's a money making ruse.

    Please can anyone tell me where I stand on having to pay the £40 charge in these circumstances? I feel aggrieved because I did send notice of change of address and that letter was never returned as unsent mail.

    Many thanks in advance.

    Regards,

    #2
    1. As to change of freehold reversioner (L), yes. You should have received:
    a. letter of authority from old L; and
    b. Notices from new L under:
    i. section 3 of LTA 1985; and
    ii. section 48 of LTA 1987.

    2. If this is a flat, not a house, did you not receive a pre-completion Notice under s.5 of LTA 1987 (Right of First Refusal)?

    3. Unles lease reserves a late payment fee, L's demand must comply with s.158 of (and Schedule 11 to) 2002 Act.

    4. Any ground rent demand must comply with s.166 of 2002 Act too.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Hi Jeffrey,

      Many thanks for your reply. I'm trying to find the references you mention online but please could you tell me the gist of what the landlord has to comply with in terms of the section you mention re late payment charges?

      Many thanks.

      Kind regards

      Comment


        #4
        L has to submit, with any demand for an admin. charge not specified in lease, a sheet setting out T's rights.
        Send pm to me with your e-mail address and I'll forward a one-page summary: one that I prepared earlier!
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Late payment fee for ground rent

          Originally posted by jeffrey View Post
          L has to submit, with any demand for an admin. charge not specified in lease, a sheet setting out T's rights.
          Send pm to me with your e-mail address and I'll forward a one-page summary: one that I prepared earlier!
          Jeffrey

          I have recently received a demand for ground of £20 from a company i had not heard of, it turns out that whilst i was on holiday the company who own the leasehold have sold to another company, i paid the amount of £20 as soon as i found out but now they have returned the cheque and requested a late payment fee of £36, where do i stand with this, as i had know idea of them and did pay asap, phoned them to explain and excepted that i may not have had notification. please reply to jasontalbot909@hotmail.com

          Comment


            #6
            Originally posted by jaytalbot View Post
            I have recently received a demand for ground of £20 from a company i had not heard of, it turns out that whilst i was on holiday the company who own the leasehold...
            No, you own the leasehold- don't you?

            Originally posted by jaytalbot View Post
            ...have sold to another company, i paid the amount of £20 as soon as i found out but now they have returned the cheque and requested a late payment fee of £36, where do i stand with this, as i had know idea of them and did pay asap
            Did new L serve on you:
            a. old L's Letter of Authority;
            b. Notice under s.3 of LTA 1985;
            c. [if it's a flat] Notice under s.3A of LTA 1985; and
            d. Notice under s.48 of LTA 1987?

            Finally, did the ground rent demand comply with s.166 of the Commonhold and Leasehold Reform Act 2002?
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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