Late ground rent and subletting

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  • leaseholder64
    replied
    Until a few years ago, your lease could have been forfeited if you didn't pay ground rent even without being asked. The formal notice was introduced to avoid dodgy freeholders deliberately not issuing notices then demanding large sums to avoid forfeiture. You would really have needed to be on top of scheduled expenses then, but even now, there is little excuse for not realising you were in default. I rather suspect the BtL landlords here don't take kindly to tenants who only pay following a formal demand, each month.

    Some admin charges are payable under most leases for the costs incidental to forfeiture. There certainly will be costs in chasing a debt, although they should be only in double figures.

    The fact that they are refusing to accept the payment is worrying as it suggests they know that accepting it will prevent forfeiture. How large is the ground rent (more or less than £350 owing)?

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  • andydd
    replied
    GR is only payable if demands are sent..but all the landlord has to do is send them to your address...all the forwarding etc means it's a bit of a mess.

    Extra admin fees are only payable IF the lease allows and IF you have been sent a proper Summary Of Rights - Admin Charges attached..again
    .your forwarding situation confuses the issue.

    the subletting is more serious as you could be in breach of the lease.

    Leave a comment:

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  • FREEHOLD & LEASEHOLD QUERY PLEASE HELP
    Freeholderandleaseholder
    hello - its a little long, so sorry but please bare with !

    Hubby and I bought a ground floor maisonette in a block of 4 (there’s 3 blocks in total) the land - all 3 blocks is freehold as well as, a private shared driveway/road leading to the garages at the rear (owned by the 12 owners...
    19-05-2019, 06:21 AM
  • Reply to FREEHOLD & LEASEHOLD QUERY PLEASE HELP
    Freeholderandleaseholder
    also the management company (all 12 owners collectively) do nothing other than have an accountant.
    there is no rent, there is no service charge, the only shared area is the private road leading to our garages,
    the blocks are independent, independant front doors, no communal areas etc,...
    19-05-2019, 18:06 PM
  • Reply to FREEHOLD & LEASEHOLD QUERY PLEASE HELP
    Freeholderandleaseholder
    yes the land was purchased from HM Treasury.
    yes there is an old lease dated 1964 in the name of the landholder before HMLR took it over. however, the issue for us personally, is not whether our 122 year term is ok, we know it is it is registered we have a copy from HMLR saying our flat has...
    19-05-2019, 17:58 PM
  • Reply to FREEHOLD & LEASEHOLD QUERY PLEASE HELP
    leaseholder64
    It sounds as though, at some point, this property was in bona vacantia ("purchased from HM Treasury"), because the freeholder had ceased to exist.

    I would have thought the original leases would continue to exist, but I've seen some postings that suggest that is not the case. ...
    19-05-2019, 10:16 AM
  • Reply to FREEHOLD & LEASEHOLD QUERY PLEASE HELP
    Jon66
    Have you made enquiries to the solicitor who acted for you on the purchase, as the issue should have been pointed out to you during the conveyance. With no lease agreement who decides when the maintenance work that will need doing is carried out? I struggle to see how the terms of a lease can be extended...
    19-05-2019, 09:49 AM
  • Reply to FREEHOLD & LEASEHOLD QUERY PLEASE HELP
    eagle2
    There should be a lease agreement in respect of the 122 years and that will set out your rights and obligations. All that has happened is that the freeholder has changed. You should be able to obtain a copy of the lease from HMLR. Who is paying for insurance and repairs? What does the management company...
    19-05-2019, 09:24 AM
  • Reply to FREEHOLD & LEASEHOLD QUERY PLEASE HELP
    Lawcruncher
    Just so I understand this correctly, please confirm the following is correct:

    You had a lease for x years.
    You then extended the lease and now have an unexpired term of 122 years.
    The Land Registry confirm the extension is registered.
    The document extending the term is...
    19-05-2019, 09:20 AM
  • Reply to FREEHOLD & LEASEHOLD QUERY PLEASE HELP
    Freeholderandleaseholder
    in response -

    we bought the place at the going rate 3 years ago (maybe a couple of grand under but nothing out of the ordinary)

    we are not particularly concerned about the lease term for our own flat, it has 122 years left on it, i have spoken to HMLR and it is registered...
    19-05-2019, 09:01 AM
  • Reply to FREEHOLD & LEASEHOLD QUERY PLEASE HELP
    eagle2
    I do not understand, you say that you have a lease with 122 years remaining so you should have a lease document which you can supply to a purchaser. If you or a purchaser wish to extend the lease, you would need to apply to the company which now owns the freehold and you would need to agree an amount...
    19-05-2019, 06:54 AM
  • Reply to FREEHOLD & LEASEHOLD QUERY PLEASE HELP
    JK0
    Presumably you bought at a discount didn't you? Either sell to an investor, or keep the place on as a rental yourselves.
    19-05-2019, 06:50 AM
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