New landlord being awkward.

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  • petworld123
    replied
    No sorry you are correct 64

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  • leaseholder64
    replied
    Originally posted by petworld123 View Post
    Yes Anna it is still showing the old freeholder. It hasnt been changed.
    Can I double check that this is the freehold title, and not information held against your leasehold title?

    If so, something is seriously wrong.

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  • petworld123
    replied
    Yes Anna it is still showing the old freeholder. It hasnt been changed.

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  • Anna1985
    replied
    Have you tried to obtain the freehold register from Land registry? £3 if my memory doesnt fail me

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  • petworld123
    replied
    Ok you have been most helpful. Thankyou for your time and patience with me. Do you know if his address can be his place of work as in the takeaway or does it have to be his home address. ??
    Last edited by petworld123; 18-07-2019, 18:10 PM. Reason: Additional question.

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  • Macromia
    replied
    Whether the new freeholder has to inform you that he is the new freeholder has already been answered:
    Originally posted by leaseholder64 View Post
    There is no requirement for a solicitor to issue the notice. The relevant legislation is https://www.legislation.gov.uk/ukpga/1985/70/section/3
    He needs to inform you before any rent or service charge payments become due, or within two months of acquiring the freehold (whichever is the later - although if he sends demands out within two months they won't be payable if the freeholders name and an address for service of notices is not given on the demand).

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  • leaseholder64
    replied
    Quoting from the link I already gave you:

    (1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.

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  • petworld123
    replied
    Ok thanks macromania good advice but we are trying to find out if he legally has to inform us that he is the new freeholder. Do you know ??

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  • Macromia
    replied
    Originally posted by petworld123 View Post
    I don't know I'm not going to pay for insurance without seeing a copy of insurance policy obviously with the amount owing.
    Be careful with this.
    Although freeholders have a legal obligation to provide copies of insurance policies (if requested), the obligation to pay correctly demanded service charges is separate from this.

    If the demands for payment of your contribution towards the insurance have been made correctly there will come a point where the freeholder can legitimately pursue forfeiture of your lease for non payment, and your lease likely makes you responsible for any associated legal costs.

    If this happens, I would expect any court/tribunal to take the failure to provide you with copies of the policies into account, but it may not prevent you from having to pay, or at least contribute to, any legal costs that the freeholder incurs - and these could be thousands of pounds.

    Leaseholders have the right to view insurance policies and invoices supporting service charges (once certain conditions are met), but can be legally obligated to pay charges without having had sight of these documents.

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  • petworld123
    replied
    Chasing him ­čśü

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  • JK0
    replied
    Originally posted by petworld123 View Post
    I don't know I'm not going to pay for insurance without seeing a copy of insurance policy obviously with the amount owing. He's a devious so and so. Bailiffs were round apoarently round last year.
    Chasing you, or chasing him?

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  • petworld123
    replied
    I don't know I'm not going to pay for insurance without seeing a copy of insurance policy obviously with the amount owing. He's a devious so and so. Bailiffs were round apoarently round last year.

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  • JK0
    replied
    I wonder if he is hoping to forfeit your lease for non payment. That would explain him not replying now.

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  • petworld123
    replied
    Thanks again all. He has asked for insurance and ground rent over the last 3 years but I have asked for the relevant paperwork but he had never produced it so subsequent nothing been paid. I have had a quick look through relevant legislation but cannot see subsection 1 and cannot see if he legally has to inform us himself of change of freeholder. Really appreciate your time and input all.

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  • eagle2
    replied
    If the change took place last year, has the new freeholder not issued any demands for ground rent or service charges since then? He would be required to let you have his details at that stage. Who arranges the buildings insurance? If there is a new policy arranged by the freeholder, you are entitled to ask for a copy.

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