New freeholder requested backdated ground rent

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

  • Gordon999
    replied
    Wrangler,

    Are you a leasehold flat or leasehold house ?

    The free guide to RFR can be downloaded from www.lease-advice.org .

    Leave a comment:


  • Anna1985
    replied
    Rent authority letter should say from which date the rent is due.

    Also, yes the process was not followed and you can exercise your right to acquire freehold.

    Did you check the price on the land registry?

    Leave a comment:


  • eagle2
    replied
    If you are interested in purchasing the freehold, you can probably exercise the right to acquire it at the price paid by the purchaser as you do not appear to have been given a proper notice, which does not need to be issued by a solicitor, but should be more formal than a "are you interested" text message, it should set out the terms of the sale. You should seek legal advice if you intend to proceed.

    Leave a comment:


  • Wrangler
    replied
    eagle2,

    The demand came directly from the Freeholder by email, not from their solicitor.

    Leave a comment:


  • Wrangler
    replied
    Gordon999,

    I was sent a text message by the previous freeholder asking if I would be interested in buying. But nothing official from any solicitor.

    Leave a comment:


  • eagle2
    replied
    We haven't been told that a solicitor issued the demand so I would hold fire on complaining to the SRA. It is definitely worth reporting this to your local MP because the fleecing of leaseholders is to be discussed in parliament.

    Leave a comment:


  • Gordon999
    replied
    Were the leaseholders offered RFR ( right of first refusal ) to buy the freehold title before the sale of freehold title ?

    Make a complaint against new freeholder's solicitor to SRA , the Regulator for solicitors . It must be fraud situation to demand payment for 6 years if the GR has already been paid to previous freeholder. Show the bank payment receipts to SRA.

    Leave a comment:


  • flyingfreehold
    replied
    In any event unless the previous freeholder actually assigned the claimed arrears they are not due to the new freeholder. I am sorry that your new freeholder is behaving badly/ignorantly. Address yourself to the new freeholders solicitors. They will eventually tire of trying it on, I would hope.

    Leave a comment:


  • Wrangler
    replied
    Originally posted by Anna1985 View Post
    Have you received a rent authority letter from your new freeholder solucitor
    No I have not received a rent authority letter. Although the freeholder said his solicitor sent one. I asked him for proof that it had been sent or to resend and then I received an email from his solicitor with a copy of the land registry showing him as the freeholder in response.

    From the freeholder, I have also received a formal demand for the backdated ground rent in this format: https://www.lease-advice.org/files/2...ce_England.pdf

    It states that I have 14 days to make the 6 payments.

    Leave a comment:


  • eagle2
    replied
    I would definitely not pay by bank transfer, otherwise the freeholder is likely to apply the payment against the oldest ground rent which he is claiming. It doesn't matter if he bins the cheque (he won't) as long as you keep a copy and you hold proof of posting.

    Leave a comment:


  • Section20z
    replied
    Tell them to do one , but I would pay this year's otherwise you might be in trouble. Try and get bank details (say you want to pay the lot??)so you can pay direct , otherwise they can bin cheque.

    Leave a comment:


  • Anna1985
    replied
    Have you received a rent authority letter from your new freeholder solucitor

    Leave a comment:


  • eagle2
    replied
    It would appear that the new freeholder is trying it on by saying you owe 6 years ground rent unless you can prove otherwise. Be careful if you make a payment, make it absolutely clear which year you are paying, pay by cheque, keep a copy and obtain proof of posting.

    Leave a comment:


  • AndrewDod
    replied
    You do not have to pay ground rent at all if not invoiced. I presume you have exiting amounts on your bank statements. There is no requirement that you get or that they provide proofs of payment (receipts).

    I'd just tell them that you have paid in full and to get lost.

    "Invoices" by the way are requests to pay - not receipts for payment.

    Leave a comment:


  • Wrangler
    replied
    Originally posted by AndrewDod View Post
    Do they admit they never invoiced you?
    I am no longer in contact with the old freeholder so I have no proof that they did not invoice me.

    Leave a comment:

Latest Activity

Collapse

  • Reply to directors not understanding and how can we help leasees
    by thenunn
    Hello and thank you for your reply. I totally agree ,that to us newbies it does feel a bit rough . But sadly when I moved here 3 years ago the service charge was approximately £60 a month per flat, the reserve fund £250 per year ! and it had been like that pretty much since the property was built...
    13-04-2021, 18:18 PM
  • directors not understanding and how can we help leasees
    by thenunn
    Hello all, Im new here and hoping someone may be able to help me . I am one of three directors of a RMC. With this years service charge we have had to ask for an additional amount due to building survey showing works required. Obviously leasees are not happy , though most who have contacted the MA now...
    11-04-2021, 17:05 PM
  • Reply to directors not understanding and how can we help leasees
    by thenunn
    Thank you . I did think you meant that , but needed to be sure as I know what Im like lol....
    13-04-2021, 18:08 PM
  • Reply to directors not understanding and how can we help leasees
    by thenunn
    Hello ,thank you for your reply. Yes sadly in the past directors have not put anywhere near enough in reserve , consequently we now have to pay a big share each . We have set payment plans in place ....
    13-04-2021, 18:07 PM
  • Reply to Recordings and transcripts
    by theartfullodger
    Oh, the shame of spuds in a garden! Some of my ancestors were farmers or grocers.

    I sometimes record things, usually 'phone calls. My position is that my memory is going (73..) and find noting everything difficult, and a recording does help, but always plan for it for my use only.
    ...
    13-04-2021, 16:43 PM
  • Recordings and transcripts
    by Sandy1986
    I recorded the last shareholders AGM on my phone in my pocket. The meeting was held outside in the carpark of the flats. I didn't tell anybody I was recording but I did it because things that are discussed and agreed at meetings are rarely reflected in the minutes. I didn't check the minutes which I...
    13-04-2021, 15:56 PM
  • Share of freehold lease extension
    by Ariadne
    We are extending our share of freehold lease as it’s under the 70 year mark.


    Both leases of the two flats are equal so it should be a paper based exercise, I’m told. We are both happy to go ahead.

    How long should we extend for? 999 seems obvious but are there any...
    13-04-2021, 03:25 AM
  • Reply to Share of freehold lease extension
    by eagle2
    The longer the lease the better, so if you can obtain a 999 year lease at a peppercorn rent, that is what you should aim for, Gordon is correct, capital gains only apply when you dispose of an asset. The payment which you make now may be added to the original cost. A solicitor or an accountant should...
    13-04-2021, 13:35 PM
  • Reply to Share of freehold lease extension
    by Ariadne
    I am an accountant, but this is very specific and specialist area of tax. It’s not covered by normal chartered accountants and there’s nothing definitive online. Therefore a solicitor who specialises in leases is more likely to warn us there is a tax implication, based on hearing about it in their...
    13-04-2021, 13:09 PM
  • Understanding a lease
    by Pattyb
    Can anyone tell me what this means and how much ground rent is to be paid and when ?

    TIA

    To hold the demised premises unto the Lease from the nineteenth day of December One thousand nine hundred and fifty-four for the term of nine hundred and ninety-nine years yielding and...
    10-04-2021, 21:29 PM
Working...
X