Charges

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  • andydd
    replied
    Yes..GR must be demanded in accordance with S166 - https://www.lease-advice.org/article...anding-notice/

    It not complicated though..and doesnt need extra docs like for example service charge demands do.

    Leave a comment:


  • cerysmt
    replied
    Hi all,

    well, still no response to my letter - however my cheque has now been cashed - so I take that as defeat! Thanks all to confirm, I should still expect the standard 'invoice' ahead of my 18/19 ground rent to remind me each year?

    Leave a comment:


  • cerysmt
    replied
    When I last checked this thread was deleted, so I'm glad to see it's restored, thank you for amending what I couldn't. Perhaps that's a feature that should be introduced.

    I will be back with an update after sending a letter with my cheque. Thankfully I saved your suggested letter templates so, watch this space...

    Leave a comment:


  • Moderator2
    replied
    Please read forum rules before posting in future, that's anywhere not just here.

    LLZ Forum Rules - https://www.landlordzone.co.uk/forum-rules

    In particular;

    10. Naming and shaming individuals or organisations on a public forum can give aggrieved posters a sense of satisfaction, but this can come at a high price. We have had instances of Members being sued for libel for posts they made about certain organisations. UK libel laws are very onerous and organisations are often willing to pursue anyone through the courts to protect their hard won reputations. Even if you are confident about your facts, a libel action must be defended and the legal costs involved are substantial – even if you win. If you lose, you could have to pay your own legal costs, those of the applicant, any damages awarded, and any costs for related parties such as those of LandlordZONE – as a forum Member you have agreed to indemnify LandlordZONE against any and all legal costs resulting from your actions on these forums.


    All references to your freeholder / management company have been removed. All uploaded images have been removed. If you want to upload them again then make sure that all identifying details are removed.

    In the majority of cases, providing these details to the forum is of no interest to people replying, they will not know or not care about the people / companies involved, but this could turn out costly for you. The personal/private details will rarely have any impact on the answers provided.

    Leave a comment:


  • fos333
    replied
    Originally posted by cerysmt View Post
    Hi, I have no idea how to remove the information I've posted, I can't see an option anywhere unless someone can advise please. I am going to check my lease information tonight, thanks all so far.
    Hi,

    Log in and go to messages and click on 'send new message' and send to Moderator1 or Moderator2 by entering them in the first box and ask them to remove your original photo and all references to the freeholder.

    Leave a comment:


  • leaseholder64
    replied
    There is no requirement for notice of charges at all, so, with one year's ground rent, the grand total is £13.65.

    I guess they were hoping the lease had said not less than one guinea, rather than an unqualified one guinea, in which case they could probably have got away with £50.

    Leave a comment:


  • cerysmt
    replied
    Thank you for the advice, I will dig out the completion statement tomorrow.

    Leave a comment:


  • eagle2
    replied
    Fantastic old lease, ground rent of 12 guineas and the notice fee is 1 guinea (at 3n) and there is no review,
    So the freeholder can only ask for £1.05 per notice.
    The next step is to see how much your solicitor asked you to pay and the breakdown of the costs (completion statement) in order to see if he collected anything.
    You should definitely not pay the amount demanded and ask them to let you have a proper demand for the amount stated in the lease together with the proper notices.
    They should realise that it will cost them more than that to collect and that is probably why your solicitor said that ground rent was not collected.

    Leave a comment:


  • andydd
    replied
    "Ground Rent is not collected"makes little sense, we assume that the lease provision for GR is still intact.

    A FH can (and they often do) send a valid demand/bill for the previous 6 years GR out of the blue (they cant collect further back than this).

    Leave a comment:


  • cerysmt
    replied
    My responses from the solicitor at the time (email only)

    On 13/12/17

    Hi Cerys,

    My apologies I thought we discussed this previously. I can confirm the ground rent is not collected on the property.

    Hope all is well


    Kind regards,
    Jonathan.


    On 11/07/17

    Hi Cerys,

    Hope all is well, I note you called earlier, but the call did not connect for some reason.

    Just by way of an update for you on the Registration we have contacted the Freeholder and await the response.

    Kind regards,
    Jonathan.

    Leave a comment:


  • cerysmt
    replied
    Hi, I have no idea how to remove the information I've posted, I can't see an option anywhere unless someone can advise please. I am going to check my lease information tonight, thanks all so far.

    Leave a comment:


  • eagle2
    replied
    It is pointless speculating on what was included within the LPE1, what the solicitor may have said, notices for underletting, changes in the freeholder.

    We can only go by the facts as reported, the leaseholder lives in the property and has just received an invalid demand from the freeholder.

    Why should the leaseholder accept an invalid demand? It may not be payable anyway. We do not know what the lease says or if the leaseholder has already paid the cost of the notices to the solicitor.

    Did someone make a scurrilous attack on a solicitor for having to be chased to part with monies sitting on a client account?

    Leave a comment:


  • leaseholder64
    replied
    Refusing on the grounds of missing statutory notices is only a delaying tactic. If this has been a share of the freehold company, I would have said it would be bad politics to antagonise them over technical breaches; generally, if you know the breach existed, you should know what the notices would have said.

    However, with a company with a business model based on living off ground rent and administration charges (their last annual report essentially says this), I don't think you are going to sour the relationship by standing on your rights, as you'll just be a number to them.

    Leave a comment:


  • leaseholder64
    replied
    Having seen some of this from the other side of the fence, solicitors seem to be getting very reliant on LPE1, rather than doing their job and actually reading the lease. Sometimes they don't even issue LPE1 and rely on the seller to tell them what the lease requires. Where I live solicitors have needed to be chased even to provide the notice of assignment. If they had relied on receiving the notices, they wouldn't have found out until the old leaseholder had complained about a service charge demand.

    This can be a particular problem in cases where the notice of underletting is required, as that is often done without a solicitor being involved. Having an AST tenant is underletting.

    In this case, I'm surprised that red flags weren't raised by the solicitor regarding failure to collect the ground rent A number of things point to a non-functional, or missing, freeholder, at the time of the sale, which would normally limit one to cash only buyers.

    Leave a comment:


  • eagle2
    replied
    The freeholder has demanded monies from the leaseholder and has no excuse for failing to supply the notice for the ground rent and the summary of tenants rights for the administration charges. As such the charges are not payable.
    The fees payable for the notices are usually charged by the solicitor to the purchaser which is why I have suggested that the leaseholder checks the completion statement where they would normally appear. It may well be that the solicitor has collected the fees from the leaseholder and has failed to pass them over to the freeholder.

    Leave a comment:

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