New freeholder requested backdated ground rent

[Gordon999]

Wrangler,

Are you a leasehold flat or leasehold house ?

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

[Anna1985]

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?

[eagle2]

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.

[Wrangler]

eagle2,

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

[Wrangler]

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.

[eagle2]

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.

[Gordon999]

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.

[flyingfreehold]

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.

[Wrangler]

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.

[eagle2]

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.

[Section20z]

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.

[Anna1985]

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

[eagle2]

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.

[AndrewDod]

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.

[Wrangler]

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.