Ground rent demand uploaded to online portal, not sent.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Ground rent demand uploaded to online portal, not sent.

    Hi,

    My freeholder {Mod - name removed} have not sent me a ground rent demand for rent which will be due on Jan 1st.

    I have opted for paperless (explicitly stated to be "email") correspondence, but have had no email. {Mod - name removed} run an online portal which, having logged in, has had uploaded (back in November) a ground rent demand which is in the correct prescribed form etc.

    Can this upload (with no notification to me) count as a valid service of the demand? My understanding is that unless they have sent the demand to me at the address specified (which happens to be an email address) then the demand has not been issued and the rent will therefore will not be due.
    If they were to email me a copy of this notice then I would still reject it as the dates would now be incorrect (less than 30 days before payment date).

    Can anyone confirm whether my understanding is correct?

    It may look like I'm being difficult, and to a certain extent, I am.
    This isn't the first time they have failed to send demands, and last time I had to argue for quite some time to get them to drop bogus "admin fees" they subsequently added when the monies were not paid.

    #2
    Just pay up IIWY. You are only causing hassle for yourself if you don't.
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

    Comment


      #3
      Please remove the company name.

      Comment


        #4
        Originally posted by leaseholder64 View Post
        Please remove the company name.
        How come sorry?

        (Also, there is no edit button for the post so I cant)

        Comment


          #5
          You are correct that posting a demand on their own web portal is not proper service. I suggest that you read carefully what you agreed to when you opted for paperless demands. Subject to that, you are entitled to withhold monies until you receive a valid demand.

          Before holding out, you should consider whether or not you want the hassle of receiving further demands for late payment admin fees. Would a simple request asking them to send you demands by email in future suffice on this occasion?

          Comment


            #6
            Is yours a fixed ground rent? If so there is a great deal of merit in setting up a standing order, ie where you control the amount and the date of each payment. Pick your arguments well

            Comment


              #7
              I pointed out that they failed to serve the forms properly and they have sent revised ones with the dates amended so as to give 30 days notice. Success.

              I know it seems petty, but I'm fairly sure I will have to take them to a tribunal over something at some point. I record their every failing so that I can show a pattern of behaviour if needs be.

              Comment


                #8
                Well done, if each leaseholder points out errors to his freeholder, the standard of the service to all leaseholders should improve.

                Comment

                Latest Activity

                Collapse

                • Reply to How much can the freeholder charge for registering details of a sublet?
                  by eagle2
                  If the lease states that you may charge a registration fee of £10, that is the amount you may charge, you are not entitled to increase the charge unless the lease specifically allows an increase. Even then you would be limited to a reasonable amount and £100 would be considered to be unreasonable....
                  05-12-2021, 06:55 AM
                • How much can the freeholder charge for registering details of a sublet?
                  by Joubert
                  I am a director of a Freehold Company of a small block of 28 flats in a popular residential area.

                  Over the past few years the majority of flats have been purchased by investors who sublet the flats on ASTs.

                  Although the leases between the Freehold Company and the lessees are...
                  04-12-2021, 17:35 PM
                • Legal Action Against Landlord - Local Council
                  by Isaac1400
                  Hi,

                  Hoping someone can advise. I am leaseholder and the landlord is a local council. my property is a flat and there are about 55 flats spread out over 3 floors.

                  Now the problem is that over the years the council has failed to maintain the exterior and communal areas - including...
                  02-12-2021, 07:13 AM
                • Reply to Legal Action Against Landlord - Local Council
                  by andydd
                  I sued my freeholder for failure to maintain my driveway, judge was quite damning but I was only awarded £100 as hard to proof any loss BUT in your case it sounds you have exceptional worry over various incidents so yes you could sue and as I found out it was useful, I got costs too and its something...
                  04-12-2021, 21:19 PM
                • Dilapidated Flat
                  by scot22
                  In a block of 24, unfortunately one flat has become dilapidated. The new owner has bought cheaply. She is now demanding the Freeholder pays to refurbish it claiming they have been negligent. Is there a reasonable case ?
                  04-12-2021, 11:21 AM
                • Reply to Dilapidated Flat
                  by scot22
                  Thanks all. It was a great price, significantly below market value, plus in further negotiations a reduction to pay for any further work. This was identified by a surveyor. She is not clueless.....
                  Artful in my research I read that can only claim for her ownership period.
                  It is all i...
                  04-12-2021, 19:33 PM
                • Reply to Legal Action Against Landlord - Local Council
                  by Isaac1400
                  Thank you for bringing this to my attention. I have heard of this. In summary do you know if this would benefit those with older leases and not on the builds which have has issues with rising ground rent etc?...
                  04-12-2021, 19:09 PM
                • Reply to Dilapidated Flat
                  by Macromia
                  If a leaseholder can show that internal maintenance is required because of a freeholder's negligence (e.g. a failure to meet external maintenance obligations according to the terms of the lease), they will potentially have a claim against the freeholder and be entitled to expect the freeholder (the...
                  04-12-2021, 16:59 PM
                • Reply to Dilapidated Flat
                  by theartfullodger
                  The previous owner might have had a case. The new owner I think only for claims for problems during their ownership. But ianal.

                  Presumably she got a great price as it was so dilapidated
                  04-12-2021, 16:51 PM
                • Reply to Dilapidated Flat
                  by Neelix
                  What utter nonsense.

                  The new buyer should have had a survey before they purchased.
                  04-12-2021, 16:15 PM
                Working...
                X