Ground Rent Demand Letter

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  • Lawcruncher
    replied
    I have now seen the lease.

    It has a clause requiring notice of assignment but no provision for a fee to be paid for registering the notice.

    There is no requirement to serve notice of a mortgage.

    There is no requirement to pay any charges if the rent is paid late.

    There is nothing else in the lease which can justify any of the charges set out in post 1.

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  • eagle2
    replied
    Your mortgage company should not pay anything on your behalf without contacting you first and seeking your views. If you advise it that you dispute the charges, it is unlikely to pay anything. I recommend that you advise the landlord or its agent that you will apply to the FTT if the unreasonable charges are not withdrawn. If you carry out a search of previous decisions, you will probably find that the landlord has been found to have raised unreasonable charges in the past.

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  • Lawcruncher
    replied
    If the lease is 1908 there is a high chance there is no need to serve notice of assignment. If a fee is provided for it it will not be £125.

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  • flyingfreehold
    replied
    £125 is pretty expensive for each of notice of transfer and notice of mortgage. Your freeholder is being greedy; people like him are what gives the trade a bad name, most of these costs are a try-on, which is regrettable! However if your conveyancer failed to serve notice on the landlord that puts you on the backfoot somewhat. I don't think your mortgage lenders will pay all of these sums claimed without either a court order or a possession order.

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  • Lawcruncher
    replied
    See private message.

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  • Bobbybigears
    replied
    Lawcruncher, attach to email? (Will need your email address) Or upload to thread?

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  • Lawcruncher
    replied
    Originally posted by Bobbybigears View Post
    I found a copy of orginal 1908 lease, but it wont let me upload for some reason.
    Can you scan it and attach it to an email?

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  • Bobbybigears
    replied
    I found a copy of orginal 1908 lease, but it wont let me upload for some reason.

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  • Bobbybigears
    replied
    Hi lawcrunher. Still not had a reply back from conveyancer I used to purchase. Not sure which parts of lease i am looking for.

    I just looked at some of the docs i got when i purchased, and there is a Epitome of Title doc relating to property with all the old titles included, but dont know what i looking for. Do you have a email addresd i can send you.

    Thanks

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  • Lawcruncher
    replied
    Duplicate post

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  • Lawcruncher
    replied
    Originally posted by Bobbybigears View Post
    Thank you all for your replies. I will contact the conveyancer i used to see if he checked ground rent history etc and ask what lease says.. I will post his response once received.

    Many thanks
    Please note that we need the exact wording of the relevant lease clauses.

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  • Bobbybigears
    replied
    Thank you all for your replies. I will contact the conveyancer i used to see if he checked ground rent history etc and ask what lease says.. I will post his response once received.

    Many thanks

    Leave a comment:


  • andydd
    replied
    Well firstly..most of those charges are NOT ground rent, they are Administration fees which may or may not be payable depending on the lease and if they were demanded in accordance with the law....but as others have said most of the fees should be dealt with during conveyancer process.

    Also Ground Rent is NOT payable at all unless demanded as per here > https://www.lease-advice.org/files/2...ce_England.pdf

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  • sgclacy
    replied
    I assume the lease may have been granted at the beginning of the last century and would expect the notice fee to be a fixed fee of far less than 50p

    You may in the first instance have to pay the costs and then make an application to the FTT to deal with the administration charges. This will be by paper review and should not be seen as a daunting task

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  • Lawcruncher
    replied
    Does the lease contain a clause requiring payment of the landlord's costs for anything? If so, please quote in full.

    Does the lease contain a clause requiring notice to be given on assignment or charging the property? If so, please quote in full.

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