Ground rent arrears administration and "legal" charges

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    #61
    Originally posted by BlueMan View Post
    Thank you for your help leasehold answers. I am sorry if it seems like I am wasting your time with my questions and not fully understanding your answers. This area we are in is completely new to me, and while I understand that the forum is not here for advice, I am just trying to make sure that any response we send a) is correct, and b) makes sense when I word it.

    I believe the position of the MD will be to resist paying the administration charge as far as possible. I think he would pay up to avoid County Court proceedings, but if there is any possibility to call their bluff as far as we can to see if they back down, he will want to do that. He wants me to find that out, and I don't want to give him incorrect advice.

    Personally, I will be happy when I have no more to do with it.
    Not a problem no not a waste of time if it was I would have given up!

    The risk is that there are grounds to resist it, but with some companies they are less likely to give in, and will call your bluff sooner in that the next thing you see is the blue form from the County Court! You may have to write and ask for response within 7 days and be ready to apply to the LVT yourself to take the lower cost option of determination as per the case you quoted. If you do then be prepared for the consequences of litigation or determination in terms of cost. If you lose a day or two preparing for and asking for a written determination how much does that cost?
    And that still does not stop them from suing for the rent even if you have offered it.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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      #62
      One again, thanks for your help leaseholdanswers.

      One other question I have. You see a lot of people write 'if I don't get a response within 10 days I shall consider the matter closed' etc - is that in any way enforceable? For example if you receive a response 3 weeks later, can you ignore it as the matter is closed?

      Or is it just an empty threat to try and push people to respond promptly?

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        #63
        Originally posted by BlueMan View Post
        One again, thanks for your help leaseholdanswers.

        One other question I have. You see a lot of people write 'if I don't get a response within 10 days I shall consider the matter closed' etc - is that in any way enforceable? For example if you receive a response 3 weeks later, can you ignore it as the matter is closed?

        Or is it just an empty threat to try and push people to respond promptly?
        It is an horrible legalese answer but it depends!

        In this case I think you have to ask them to respond in a timescale and decide whether to take the inititative and have the LVT decide it or b wait until they act and defend your position.
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #64
          Just to keep the thread updated:

          I wrote to Freehold Managers stating that there was no provision in the lease for us to pay an admin charge, quoted the case I linked to (and sent them a copy), mentioned the mortgagee letter not being recoverable and pointed out that there was no invoice for the admin charge either.

          I paid the outstanding rent arrears only in full and final settlement, and as I had received the invoice for the next ground rent sum, paid that early as a gesture of goodwill.

          I said that if I heard nothing within 14 days I would consider the matter closed, and it is now day 20 with no response, but the cheque has been cashed. I will still keep an eye out but hopefully it is all finished.

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            #65
            Good! Acceptance of a payment in full and final settlement deprives the recipient of any further rights to argue. Matter closed!
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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              #66
              Originally posted by BlueMan View Post
              Just to keep the thread updated:

              I wrote to Freehold Managers stating that there was no provision in the lease for us to pay an admin charge, quoted the case I linked to (and sent them a copy), mentioned the mortgagee letter not being recoverable and pointed out that there was no invoice for the admin charge either.

              I paid the outstanding rent arrears only in full and final settlement, and as I had received the invoice for the next ground rent sum, paid that early as a gesture of goodwill.

              I said that if I heard nothing within 14 days I would consider the matter closed, and it is now day 20 with no response, but the cheque has been cashed. I will still keep an eye out but hopefully it is all finished.

              I suspect you have simply confused them. The "full and final" acceptance is not 100% reliable, but expect to hear from them again when the charges on your account show up, along with a weak response. Either:
              1: Leave it until they do write to you
              2: Ask for an updated statement

              Be prepared for the LVT challenge though.....
              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

              Comment


                #67
                Just thought I'd post an update in case anyone has been looking through here after being in a similar situation. We havereceived no further demands for admin fees or any other rubbish. All I have received is the next invoice for the ground rent payable, which was to be expected.

                Goes to prove what a bunch of chancers these guys are.

                Comment


                  #68
                  Originally posted by BlueMan View Post
                  Just thought I'd post an update in case anyone has been looking through here after being in a similar situation. We havereceived no further demands for admin fees or any other rubbish. All I have received is the next invoice for the ground rent payable, which was to be expected.

                  Goes to prove what a bunch of chancers these guys are.
                  Sounds like mine, they really have nothing to lose and try and recoup admin, legal, interest, etc charges, whether sanctioned by the lease or not, the worst that can happen is occasionally a clued up tenant applies to an LVT and they deem them not recoverable..thats all !
                  Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

                  I do not accept any liability to you in relation to the advice given.

                  It is always recommended you seek further advice from a solicitor or legal expert.

                  Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

                  Comment


                    #69
                    Thanks for the info guys,
                    I'm having exactly the same crap from FFM

                    Comment

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